In Bowers v. Baystate Technologies, Inc.
, a case dealing with the conflict between the US Copyright Act
and a shrink wrap license which barred reverse engineering, the U.S. Federal Court of Appeals confirmed that the rights may exist separately.
However, the Court removed double recovery for Copyright and breach of contract damages awarded by the jury, as damages for both were founded on the same loss. Effectively, parties may exclude themselves from pre-emptive rights in the US Copyright Act
by creating new rights in contract, but this does not necessarily increase the scope of damage.
For a copy of the decision, visit :
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