Jenkins-Laporte Doctrine
Encyclopedia
In United States copyright law
and jurisprudence
established under the doctrine of stare decisis
by the case of Netbula, LLC v. Symantec Corp., 516 F. Supp.2d 1137 (N.D.Cal. 2007) and related cases. The cases defined the boundaries of property rights and contractual rights in the licensing of digital works. It is so called because the cases were decided by two renowned American judges and leading jurists, former U.S. District Judge Martin Jenkins
(now a Justice
in California Courts of Appeal) and Magistrate Judge Elizabeth D. Laporte.
The basic principles of the doctrine can be summarized:
(1) If an accused infringer did not see or agree to copy restriction, there was no infringement;
(2) A "one user on one computer" restriction does not limit the scope of a software license, it's an independent contractual covenant;
(3) A termination clause in the license agreement does not limit the scope of the license, it's an independent contractual covenant.
The ingenious observation Justice Jenkins made was that in a copyright action, although license is an affirmative defense to infringement, the "plaintiff’s initial hurdle is proving the terms of the license." 516 F. Supp. 2d at 1151. The Jenkins–Laporte doctrine provides a legal foundation for circumvention of the exclusive rights provided by the Copyright Act, as the doctrine requires the copyright owner to prove the negative.
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
and jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
established under the doctrine of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
by the case of Netbula, LLC v. Symantec Corp., 516 F. Supp.2d 1137 (N.D.Cal. 2007) and related cases. The cases defined the boundaries of property rights and contractual rights in the licensing of digital works. It is so called because the cases were decided by two renowned American judges and leading jurists, former U.S. District Judge Martin Jenkins
Martin Jenkins
Martin J. Jenkins is a justice of the California Court of Appeal for the First District, located in San Francisco, and a former federal judge in the United States District Court for the Northern District of California.-Early life:...
(now a Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
in California Courts of Appeal) and Magistrate Judge Elizabeth D. Laporte.
The basic principles of the doctrine can be summarized:
(1) If an accused infringer did not see or agree to copy restriction, there was no infringement;
(2) A "one user on one computer" restriction does not limit the scope of a software license, it's an independent contractual covenant;
(3) A termination clause in the license agreement does not limit the scope of the license, it's an independent contractual covenant.
The ingenious observation Justice Jenkins made was that in a copyright action, although license is an affirmative defense to infringement, the "plaintiff’s initial hurdle is proving the terms of the license." 516 F. Supp. 2d at 1151. The Jenkins–Laporte doctrine provides a legal foundation for circumvention of the exclusive rights provided by the Copyright Act, as the doctrine requires the copyright owner to prove the negative.