LL.M., Dr. jur. They call into question contractual prohibitions of transfers of licensed rights. Contractual prohibitions of transfers of licenses to information are essential to the information society. Among many valid reasons for such prohibitions, none is more persuasive than protection of privacy.
Credit reporting as a business is practically inconceivable without such prohibitions.
My own company's long history illustrates the social and business needs for prohibiting transfers. Creditors freely provide other creditors with credit information because they are aware of the limited nature of the distribution. The law of libel explicitly recognizes the social value of a limited circulation of information. It provides a qualified privilege for disclosure of information in connection with a recipient's business where disclosure is limited, but denies the privilege where distribution is not so limited. The need for contractual limitations has never been greater than now, when information can be transferred around the globe instantly.