Private Law and Public Interest; My Kingdom for a Horse: Reining in Runaway Legislation from Software to Spam

This Article considers three examples of failing to look before you legislate. The first section addresses one of the first major statutory treatments of software, the 1980 amendment to the Copyright Act of 1976. The second section addresses the more recent, failed attempt to proactively draft commercial rules for software related transactions. The final statute examined is the 2003 CAN SPAM Act 3 that took effect January 1st of 2004

Private Law and Public Interest; My Kingdom for a Horse: Reining in Runaway Legislation from Software to Spam

This Article considers three examples of failing to look before you legislate. The first section addresses one of the first major statutory treatments of software, the 1980 amendment to the Copyright Act of 1976. The second section addresses the more recent, failed attempt to proactively draft commercial rules for software related transactions. The final statute examined is the 2003 CAN SPAM Act 3 that took effect January 1st of 2004