Bamboozled? Anatomy of a Bankruptcy: Baystate v. Bowers and its Aftermath
| By: | George W. Kuney |
| Publisher: | West Academic Publishing |
| Print ISBN: | 9780314281326 |
| eText ISBN: | 9780314808714 |
| Edition: | 1 |
| Format: | Page Fidelity |
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This e-book traces the case of Baystate v. Bowers from trial through the appeal to the Federal Circuit where the court determined that contract law could expand upon the protections afforded to software by copyright through the use of an “in the box restrictive” licensing agreement and, finally, into the Chapter 11 and 7 cases of Baystate’s successor, Cadkey. The story is rich with procedural and substantive details from over 15 years of litigation in the federal district, appellate, and bankruptcy courts, and is supported by extensive notes collecting links to the supporting documents and correspondence of the parties, all of which can be viewed by the reader in full. The result is a text that is suitable for a litigation seminar in which students examine what is essentially an organized and explained case file, or for any reader that wants to better understand how intellectual property and bankruptcy litigation plays out in an actual a “bet the company” case.