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Once there is a patent, voluntarily-accepted user restrictions may not be enforceable. Or, at least, an attempt on the patentee's part to condition access of certain types on obtaining such restrictions, may be impossible. See 30 BNA PTCJ 104 (5/30/85)(Restrictions voided on availability of deposited yeast strains.) Filed under Yeast case.


This note is mostly associated with the article "The Many Uses of Fair Use in Copyright: A Structural and Economic Analysis," but it appears to be an unpublished one, and the article might be the early version of " Fair Use as Market Failure: A Structural and Economic Analysis of the Betamax case and its Predecessors."



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