Dan Moylan and I have just posted a paper on ssrn, The Evolving Doctrine of Copyright Misuse. It is a near final draft of a chapter that will be published in INTELLECTUAL PROPERTY AND INFORMATION WEALTH (Peter Yu ed., Praeger 2007). The chapter is a condensed and updated version of our article, The Evolving Common Law Doctrine of Copyright Misuse: A Unified Theory and its Application to Software, 15 Berkeley Tech. L.J. 865 (2000).