Casa Robino

this article will discuss preemption in copyright law, and why we feel that concept establishes license contracts as the dominant legal regime in digital and online software and services. We also will respond to our own aforementioned questions about Creative Commons licenses, and their role within the legal sector of the digital information ecosystem. // one could question whether any copyright exceptions are preserved in an information landscape awash with contracts that governs access to digital information and services. Therefore, it is reasonable to conclude that the contract — and not copyright — is the dominant legal construct that governs access to and use of digital information. Additionally, it is reasonable to conclude that copyright’s preemption doctrine sets up an interesting choice for consumers of digital information: your transaction can be governed by federal copyright law, or by state contract law (per the license agreement), but not both.