Chapter 5, Dull Instead of Light, examines regular practitioners’ increasing efforts to disambiguate “medicine” and “quackery” in the wake of the 1868 formulation of the Hicklin test of obscenity. The first section explores how medical groups experimented with using obscenity laws as alternatives to the Medical Act (1858) to regulate medical practice. These actions’ impact on the book trade is debatable, but regular practitioners’ tireless efforts to collapse quackery and obscenity influenced new legislation governing medical advertising. The rest of the chapter examines parallel efforts to professionalize medical publishing. In advocating for limitations on medical book advertising, the use of dry, technical language in medical writing, and other changes to medical print culture, regular practitioners further sought to disambiguate “medicine” from “quackery.” The lines between popular and professional medical works had previously been blurry. The changes examined in this chapter helped cleave a growing chasm between the kinds of sexual knowledge accessible to medical and non-medical audiences.

Chapter 10 focuses on representatations and warranties made by parties in IP agreements, as well as liability-allocation mechanisms such as indemnification. The chapter begins by discussing warranties of title (Loew’s v. Wolff) and general “corporate” warranties, then addresses warranties relating to performance (including malicious computer code) and remedial procedures. Disclaimers, exclusions from liabilty for consequential and indirect damages, and limitations of liability are also addressed. the chapter next discusses IP indemnification clauses, including a detailed analysis of the drafting and negotiation of such clauses (So. Cal. Gas v. Syntellect). It concludes with a discussion of insurance requirements and clauses.