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Full-Text Articles in Consumer Protection Law
The Tethered Economy, Aaron K. Perzanowski, Chris Jay Hoofnagle, Aniket Kesari
The Tethered Economy, Aaron K. Perzanowski, Chris Jay Hoofnagle, Aniket Kesari
Faculty Publications
Imagine a future in which every purchase decision is as complex as choosing a mobile phone. What will ongoing service cost? Is it compatible with other devices you use? Can you move data and applications across de- vices? Can you switch providers? These are just some of the questions one must consider when a product is “tethered” or persistently linked to the seller. The Internet of Things, but more broadly, consumer products with embedded software, are already tethered. While tethered products bring the benefits of connection, they also carry its pathologies. As sellers blend hardware and software—as well as product …
What We Buy When We "Buy Now", Aaron K. Perzanowski, Chris Jay Hoofnagle
What We Buy When We "Buy Now", Aaron K. Perzanowski, Chris Jay Hoofnagle
Faculty Publications
Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent …