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February 04, 2008


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Michelle Sowemimo

Can a software company restrict the fair use of its product? This begs the question what is "fair use" and might the software company be justified in imposing such restrictions?

For example in granting an easement if A (the grantor) says to B (the grantee) that they are only to use the path through A's land ONLY to get from B's land to the road, should B be allowed to use the easement for an adjoining parcel of land? Would this not place more stress on the easement than it was originally allowing for?

In the context of software agreements, can't a software company restrict the use of the easement only to that which the purchaser agreed to? Issues of notice could be brought up but that could be addressed with requiring clearer notice.

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