shrink-wrap license being tested in court

Jen Young passed along A Link To Chronicle of Higher Education where they say law professors and academic-library groups are asking a federal appeals court to modify a recent ruling to make it clear that established copyright provisions, like fair use, sometimes trump software-licensing agreements that would otherwise narrow consumers’ rights.

The case in question, Bowers v. Baystate Technologies Inc., involves the shrink-wrap license on a piece of software
You can read the PDF Brief

“A scholar could lose his fair-use privilege to quote a novel … A library could lose its ability under the first-sale doctrine to lend books.”