Download or read book Contracting on the Internet written by Jonas Vincentz and published by GRIN Verlag. This book was released on 2005-05-10 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2004 in the subject Business economics - Law, grade: 1,7, University of Lüneburg, language: English, abstract: No closing time regulations, no purchase stress, timesaving and uncomplicated ordering, comparable prices, detailed information and direct contact to the manufacturers, these are just some advantages the Internet offers. The number of people using the internet as a shopping platform is increasing steadily – in Germany already more than 28 million people now use the Internet frequently to make purchases.1 This underlines the importance of legal matters on the electronic Highway and will contribute furthermore to the electronic drive on legal issues within the next years. All the more, it is important to strengthen the confidence of the consumer of the safety of so-called Internet contracts. This paper shall give a summary of issues concerning contracts on the Internet and its consistency with the norms of the BGB (German Civil Code). Commonly every manner of economic activity on the Internet is referred to as ecommerce. Nevertheless, one can distinguish these activities into so-called offline and online businesses. With offline business, solely the conclusion of the contract occurs electronically. An example would be the ordering of a book through the internet, however, it will still be delivered conventionally by mail. So this remains a simple sales contract with rare online-specific problems. With online business the whole performance including delivery will be conducted on the net. This presupposes when purchasing goods that the objects can be digitalized (e.g. software, music, electronic books etc.). Also in the field of services (e.g. the use of databases, Internet telephony, ticket booking, electronic trade of securities, etc.) online businesses occur. A special view will be given to the particularities of online auctions.
Download or read book The Modern Parent written by Martine Oglethorpe and published by . This book was released on 2020-04-28 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digital technology has changed the parenting territory dramatically in recent years. Suddenly we've been tasked with preparing kids to be safe, happy and successful, not just in the real world, but in the online world as well. Martine Oglethorpe is part of a new breed of parenting educator who nimbly stays abreast of technology changes while keeping one foot firmly grounded in the timeless ways that make families strong.Martine skilfully combines her professional expertise with the lived experience gained by guiding her own children down the pathway to being skilled, savvy digital citizens. In these pages lies the blueprint for parenting kids in the digital age. It shares how to be engaged in the digital lives of our children without being overbearing or burdensome; to know when to tread lightly as a parent and when care and caution need to be taken.
Download or read book Turned on Its Head Norms Freedom and Acceptable Terms in Internet Contracting written by Richard Warner and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the Internet turning contract law on its head? Many commentators contend it is. Precisely this issue arises in current controversies over end user license agreements (EULAs) and Terms of Use agreements (TOUs, the agreements governing our use of web sites). Commentators complain that, in both cases, the formation process unduly restricts buyers' freedom; and, that sellers and web site owners exploit the process to impose terms that deprive consumers of important intellectual property and privacy rights. The courts ignore the criticisms and routinely enforce EULAs and TOUs. There is truth on both sides of this court/commentator divide. EULAs and TOUs are standard form contracts, and a standard contract formation process can guarantee acceptable terms and enhance freedom; however, in the case of EULAs and TOUs, the process is currently defective in ways that result in unfair terms that reduce freedom. The cornerstone of the analysis is the claim that, when certain ideal conditions are fulfilled, standard form contracting is a freedom-enhancing process yielding acceptable terms. To characterize the ideal formation process, the analysis combines ideas from both the relational theory of contracts and law and economics. Relational theory provides the picture of contracting as a norm-governed activity while an adaptation of a well-known law and economics argument to argue yields the conclusion that, in an ideal formation process, the profit-maximizing strategy for sellers and web site owners is to offer consumers norm-consistent contractual terms. I contend that norm-consistent terms are acceptable and freedom-enhancing. The theory applies equally to Internet and non-Internet contracting, and this shows that the Internet is not turning contract law on its head; however, the theory also reveals that Internet contracting poses serious, unmet challenges to contract law. The problem is that EULAs and TOUs contain terms not currently governed by appropriate norms. As a result, the EULA and TOU formation process departs from the ideal formation process in ways that result in unacceptable, freedom-reducing terms. In the case of EULAs the offending terms involve prohibitions on reverse engineering and transfers of software to third parties. It is likely that relevant norms will evolve relatively soon to govern such terms. In the case of TOUs, the offending terms concern the collection of information by businesses and web sites and implicate privacy concerns. It is unlikely that relevant norms will evolve in relatively soon in this case. How are appropriate norms to be identified or, where necessary, created? The analysis raises but does not answer this question.
Download or read book Online Contract Formation written by N. Stephan Kinsella and published by . This book was released on 2004 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique one-volume monograph offers commentary on the contract law of twenty key jurisdictions as it applies to online business. The text provides legal counsel and businesspeople with practical information about electronic transactions and contract formation, as well as a description of the country's general legal framework and an overview of the country's scheme of online business regulation. Features in-depth analysis of key practice issues - General principles of contract law - E-commerce legislation in force - Electronic transactions - Effective formation of online contracts (e-contracts) - When and how an offer is made to create an online contract - When and where an online contract is formed - Shrinkwrap and clickwrap issues - Digital signatures - Evidentiary issues - "Self-help" issues - Special provisions to include in online contracts - Legislation governing online contracts In addition to the country coverage, Online Contract Formation includes a wealth of supplementary material: sample agreements and forms, topical contract-related commentary, and source documents. Sample Forms/Agreements, including: - Checklist including tips on how to make your online agreement more enforceable - Sample click-through agreement for purchasing goods over the Internet - Sample clauses for arbitration agreements with respect to both consumer and commercial transactions - Sample terms and conditions for a website - Website development agreement - Links agreement Sample commentary, including: - Glossary of online business terms - Jurisdictional Issues in International E-Commerce Contracts - Effective Formation of Contracts by Electronic Means, and Dispute Resolution in the New E-conomy: Still More Questions than Answers Key sources/documents include: - (US) Electronic Signatures Act (ESIGA) - Uniform Electronic Commerce Act (Canada) - Canada's Uniform Law Conference of Canada Uniform Electronic Commerce Act - UNCITRAL Draft Uniform Rules on Electronic Signatures.
Download or read book Contracting the Internet written by United States. Congress. House. Committee on Small Business and published by . This book was released on 2006 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Proposal to Conduct Government Contracting on the Internet written by Joseph F. Dunn and published by . This book was released on 1998-06-01 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary purpose of this thesis is to examine the legal ramifications of conducting Government Agency contracting on the Internet. The author proposes that the Internet is a suitable medium on which to process and conduct all aspects of Government contracting. The thesis examines the current legal issues surrounding contract formation across the open architecture of the Internet. The thesis then examines the latest cryptological schemes for both encryption and decryption and the logistical challenge of passing keys between participants. The thesis discusses current Federal agencies and current Federal policies regarding encryption and its suitability for Government contracting. The thesis also examines the latest efforts among State legislatures and commercial legal ramifications for contracting on the Internet.
Download or read book Internet Forms and Commentary written by Jonathan B. Wilson and published by American Bar Association. This book was released on 2002 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: A helpful resource for occadional practitioners who review and prepare basic internet contract forms.
Download or read book Contract written by Denise McBurnie and published by . This book was released on 2001 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet has lead to a revolution in how commerce is carried out. Whilst ecommerce is a new field of expertise, there are still general legal principles that apply to all transactions. This book looks at the changes for business brought about by ecommerce and the resulting legal framework. It examines legal issues that have to be addressed when making sales of goods over the Internet: contract law, contractual terms, capacity and authorisation, and trade practices. The Report explains the legal principles behind new ecommerce terms such as "shrinkwrap", "webwrap" and "cyberstuffing". It discusses terms such as "merchantable quality" and "s 52 of the TPA" in the context of ecommerce. The Report provides a current summary of case law developments in the ecommerce field as it applies to sales of goods and also looks at the implications of the legal principles to practical situations such as web site design, advertising, domain names, and linking and framing.
Download or read book Regulating Industrial Internet Through IPR Data Protection and Competition Law written by Rosa Maria Ballardini and published by Kluwer Law International B.V.. This book was released on 2019-08-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.
Download or read book Internet Governance by Contract written by Lee A. Bygrave and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is concerned with the following issues: what is the role of contract in governance of the Internet; why does contract play that role; and what is its utility and legitimacy in doing so? In casting light on these issues, the book also describes the general role played by statute in Internet governance along with the reasons for that role. The book shows that contract is often preferred over statute because it enables flexible micro-management of the digital environment more easily than statute does.
Download or read book Just One Click written by Ronald J. Mann and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars for decades have noted the possibility that standard-form contracts disadvantage consumers. For many years, that literature focused on the idea that sellers with market power draft contracts that are disadvantageous to consumers. Law and economics scholars, however, have been skeptical about that hypothesis, pointing out that a strategy of inefficient terms rarely would be the optimal technique for exploiting market power. In recent years, however, the debate has shifted as new product distribution channels have changed the technology of contracting. Now, even firms without market power can exploit the cognitive failures of their customers through "shrouding" of terms and similar techniques. That concern has become more prominent with the rise of Internet retailing, where electronic standard-form contracts are used extensively, often undermining the notion of assent on which the contract paradigm traditionally depends. Scholars have worried that Internet retailers obscure one-sided terms so that customers will continue to shop at their sites, and do so more effectively than their brick-and-mortar counterparts. This, among other concerns, has led many to argue for a new contracting regime that deals with electronic contracting. Indeed, because software is often distributed online, this is a major topic in the ALI's current project on Principles of the Law of Software Contracts.
Download or read book Contracting on the Internet written by Simon Minahan and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contracting in the Age of the Internet of Things written by Stacy-Ann Elvy and published by . This book was released on 2018 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article analyzes the global phenomenon of the Internet of Things (“IOT”) and its potential impact on consumer contracts for the sale of goods. Recent examples of IOT products include Amazon's Dash Replenishment Service, which allows household devices to automatically reorder goods. By 2025, the IOT is estimated to have an economic impact of as much as $11.1 trillion. To date, there are approximately fifteen billion interconnected devices, and by 2020, there will be fifty billion such devices worldwide. IOT devices will revolutionize the way that consumers shop for consumable supplies and other goods. Consumers will no longer need to log on to a company's website or use a mobile application to purchase goods but will be able to conclude contracts for the sale of goods by using IOT devices. This Article contends that the legion of IOT data expected to be generated about consumers and their preferences will worsen preexisting information asymmetry in consumer contracts to the benefit of companies; increase the lack of proximity between consumers and the contract formation process; further encourage consumers' failure to read and understand contract terms prior to contracting; and likely lead businesses to further take advantage of consumer ignorance and apathy by including one-sided contract terms, such as unilateral amendment provisions and terms that restrict consumer access to judicial process. Common law agency principles, e-commerce statutes, contract law, and Article 2 of the Uniform Commercial Code (“Article 2”) are unlikely to effectively address these concerns. This Article suggests important amendments to Article 2 and argues that courts should adjust their application of existing contract law and agency principles to account for the new automatic and interface-free contracting environment that the age of the IOT will herald.
Download or read book Software Licensing Cloud Computing Agreements Open Source and Internet Terms of Use written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contracting the Internet written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-02 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracting the Internet : does ICANN create a barrier to small business? : hearing before the Committee on Small Business, House of Representatives, One Hundred Ninth Congress, second session, Washington, DC, June 7, 2006.
Download or read book Doing Business on the Internet Forms and Analysis written by Jeffrey D. Neuburger and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic commerce has grown from a high-tech niche to a billion dollar industry and continues to grow. Doing Business on the Internet: Forms and Analysis is the most complete, up-to-date legal guide to business transactions in this environment. It is a hands-on guide to the law of Internet commerce. Whether you are a novice or a webmaster, it provides you with both practical guidance you can immediately put to use and the legal background you need to master the issues. From registering and protecting your domain name, to contracting for Internet and Web site services, to patent, trademark and copyright issues, this book shows you how to adapt your business plans and strategies to evolving legal requirements. You'll read about: licensing of Internet content; enforceability of online contracts; domestic and foreign tax treatment of Internet transactions; international obligations when doing business online; patent ability of business methods; precedents in trademark infringement; drafting a privacy policy; and other important issues--all clarified by state-of-the-art model agreements. The authors have taken great care to include many different perspectives in their analysis and examples. Whether you are an attorney or an end user, vendor, content provider or Internet access provider, Doing Business on the Internet: Forms and Analysis can help you avoid costly missteps and make the most of online commerce.
Download or read book Contracting Over the Internet written by Azman Othman Luk and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
