The "Soft" Existing Legal Protection of Software and the Preemption of State Shrink-Wrap License Enforcement Acts

Abstract

This Note presents an overview of the existing legal means of protecting proprietary interests in computer software that are perceived as inadequate by the software industry. An analysis of Vault v. Quaid follows, and this Note concludes that current state-enacted shrink-wrap license enforcement acts that would supplement the existing legal means of protecting software from unauthorized copying are preempted by the federal Copyright Act, and thus software developers are left to rely on the remaining, albeit inadequate, means of protection

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