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33 Health Matrix 467 (2023)
EULA, or Eulogy? Reckoning End User License Agreements and Near-Future Cyborgs

handle is hein.journals/hmax33 and id is 474 raw text is: 


            HEALTH  MATRIX  - VOLUME  33 ' 2023


  EULA, OR EULOGY? RECKONING

  END USER LICENSE AGREEMENTS

     AND NEAR-FUTURE CYBORGS

             Outstanding Note of the Year (2022)

                     Owen  Carpentert

                        ABSTRACT

    Integrated biotechnology is a quickly-approaching future legal
issue that will blur the line between technology and person. The
technology will likely run through some kind of software, and
users of the technology will likely need to agree to some type of
licensing agreement to use the software. End  User  License
Agreements  (EULAs)  as they exist today have terms  and
clauses that will be problematic when applied to an implanted
artificial heart, a replacement for the human eye that enhances
vision, or other types of integrated technology. Current FDA
regulation and EULAs are insufficient to deal with the problems
that technology integration will create.
    This Note argues for a new form of licensing agreement that
will apply to integrated biotechnology, called a Biotechnology
Licensing Agreement (BTLA). The BTLA   will contain certain
clauses that strengthen the bargaining power of the future cyborg
when  dealing with the creators of the integrated technology.
Further, for creation of a new subdepartment of the FDA, the
Biotechnology Adjudication Bureau  (BAB). The  BAB   will
handle regulation of integrated biotechnology and will assist
cyborgs in the near future world of half-human half-machines.
These solutions will dampen the problems and legal issues that
will arise as the integrated biotechnology space becomes more
mainstream and more pervasive.


467


t   Owen  Carpenter is a Justice J. Story Intellectual Property Fellow
    at Case Western Reserve University School of Law. He is a
    graduate of John Carroll University with a B.S. in Chemistry with
    an avid interest in experimental biotechnology.

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