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35 Jurimetrics J. 311 (1994-1995)
Shrinkwraps in Cyberspace

handle is hein.journals/juraba35 and id is 333 raw text is: SHRINKWRAPS IN CYBERSPACE
Mark A. Lemley*
Information wants to be free..
- Hacker Credo'
The odds are always good that big power and big money will find a way
to control access to virtual communities; big power and big money
always found ways to control new communications media when they
emerged in the past. The Net is still out of control in fundamental ways,
but it might not stay that way for long. What we know and do now is
important because it is still possible for people around the world to make
sure this new sphere of vital human discourse remains open to the
citizens of the planet before the political and economic big boys seize it,
censor it, meter it, and sell it back to us.
- Howard Rheingold2
In an influential recent article in the pages of this journal,3 Robert
Dunne offers a new solution to the problem of unauthorized computer
access by computer hackers (and, by extension, to other problems as
* Assistant Professor, University of Texas School of Law. I would like to thank Rose
Hagan for her advice, and the members of the cm-copyright and Cyberia-I Internet listservs for
their thought-provoking discussions of these issues.
1. Dorothy Denning, Concerning Hackers Who Break Into Computer Systems (paper
presented at the 13th National Computer Security Conference, Washington, D.C., Oct. 1-4,
1990).
2. HOWARD RHEINGOLD, THE VIRTUAL COMMUNITY: HOMESTEADING ON THE
ELECTRONIc FRONTIER 5 (1993).
3. Robert L. Dunne, Deterring Unauthorized Access to Computers: Controlling Behavior
in Cyberspace Through a Contract Law Paradigm, 35 JURIMETRICS J. 1 (1994).

SPRING 1995

ARTICLES

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