This note analyzes the decision in Bourne v. Disney and proposes a method for courts to determine whether a licensing agreement includes the rights to future technologies. This Note concludes that courts should only interpret licenses to include the rights to future technology when the contract includes a broad grant of rights or a future-mediums clause. Even when the contract does not include a future-mediums clause, it should not be enforced when the form of technology is so disimilar from the technology contemplated as to be unfair.
The Rights to Future Technologies: Should Bourne v. Disney Change the Rules?,
24 Fordham Urb. L.J. 617
Available at: http://ir.lawnet.fordham.edu/ulj/vol24/iss3/6