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2 results

  • 17 - Consumer and Online Licensing

  • from Part III - Industry- and Context-Specific Licensing Topics
  • Jorge L. Contreras, University of Utah
  • Book:
    Intellectual Property Licensing and Transactions
    Published online:
    21 June 2022
    Print publication:
    30 June 2022, pp 523-555
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  • Summary

    Chapter 17 describes the evolution of online licenses and the understanding of their legal enforceability beginning with physical shrinkwrap agreements (ProCD v. Zeidenberg) and the classic battle of the forms (MA Mortenson v. Timberline). It then proceeds to click-through and browsewrap agreements (Specht v. Netscape) and concludes with a discussion of the future of consumer online agreements.

  • 4 - Commercial Law’s Consent Problem

  • from Part II - Commercial Law’s Impact on Privacy, Security, and Liability
  • Stacy-Ann Elvy, University of California, Davis
  • Book:
    A Commercial Law of Privacy and Security for the Internet of Things
    Published online:
    17 August 2021
    Print publication:
    29 July 2021, pp 119-159

  • Summary

    Unlike privacy law discourse, which has primarily explored questions related to others’ knowledge, access, and use of information about us, commercial law’s central focus has been on issues related to trade involving persons, merchants, and entities. In the commercial law context, questions about knowledge and information are primarily connected to the exchange and disclosure of information needed to facilitate transactions between parties.1 This distinct historical focus has likely contributed to commercial law’s failure to adequately account for and address privacy, security, and digital domination harms. In some cases, commercial law also defers to corporate commercial practices as well.