Click-wrap licenses: the pros and cons; no court has ruled definitively on their enforceability; licensors should consider several factors in determining optimal use

Article Abstract:

Click-wrap license agreements, similar to shrink-wrap ones, are becoming more prevalent with electronic commerce and the Internet and provide a fast, inexpensive, convenient method for the marketing and distribution of software. A definitive statement is not yet possible on the enforceability of click-wrap agreements, as no court has directly addressed the issue.The Uniform Computer Information Transactions Act would legitimize the licenses.

Prepackaged software, Computer Software, Software Publishers, Innovations, Software, Shrink-wrap license agreements, Software licensing

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Programmers' dilemma: what protection is best? For now, there is room for both trade secrets and patents in a software firm's IP arsenal

Article Abstract:

Choosing between trade secrets and patents as a way of protecting software is discussed. The Internet has been associated with great speed in programming developments, and that speed is a problem with protecting a program under either the Uniform Trade Secrets Act or with a business method patent.There is room for both weapons in a company's intellectual property arsenal.

Trade secrets, Management information systems

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