College of Law Faculty Scholarship


Bamboozled? Anatomy of a Bankruptcy: Baystate v. Bowers and its Aftermath

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This manuscript contains a detailed account of the Baystate v. Bowers intellectual property litigation that concluded with a Federal Circuit decision that a party could, in a EULA, use contract law to broaden the rights that could be obtained in intellectual property under copyright law and the ensuing bankruptcy of Baystate and its acquisition by Kubotek. It is intended as an illustrative teaching tool for those that want to see what is involved in long term bet-the-company litigation and resulting chapter 11 (and 7) practice. (One reviewer opined that it is "Anatomy of a Lawsuit" on steroids). A version with live links to the documents cited in the footnotes is available upon request to the author.