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Abstract

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.

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