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Full-Text Articles in Law
The Effectiveness Of Acceptances Communicated By Electronic Means, Or – Does The Postal Acceptance Rule Apply To Email, Eliza Mik
Research Collection Yong Pung How School Of Law
The ‘traditional’ classi?cation into ‘instantaneous’ and ‘non-instantaneous’ methods of communication must be abandoned. As all Internet transmissions are instantaneous, the choice between the principle of receipt and the postal exception must be based on other criteria. The focus must be shifted from communication devices to the characteristics of the communication process. The latter resembles either dealings face-to-face or dealings at a distance. This simple division should remain the basis for all analyses. Instantaneity and control are two of many characteristics of face-to-face dealings and are not the only factors to be taken into account when making the choice between the …
Who Monitors The Monitor? Virtual World Governance And The Failure Of Contract Law Remedies In Virtual Worlds, Hannah Yeefen Lim
Who Monitors The Monitor? Virtual World Governance And The Failure Of Contract Law Remedies In Virtual Worlds, Hannah Yeefen Lim
Vanderbilt Journal of Entertainment & Technology Law
This Article is a study of the interaction of rules and contractual terms within the context of fraudulent conduct in virtual worlds. It makes two main arguments: first, that virtual world providers cannot generally be trusted to regulate themselves; and second, that contractual remedies alone do not provide players with useful solutions to player disputes. The Article highlights the shortcomings of relying solely on the existing web of contractual documents to resolve the issues and disputes currently experienced in virtual world communities. Starting with the applicability of real-world laws to virtual worlds, this Article examines a case study that demonstrates …
We're Friends, Right? Client List Misappropriation And Online Social Networking In The Workplace, Brian V. Wyk
We're Friends, Right? Client List Misappropriation And Online Social Networking In The Workplace, Brian V. Wyk
Vanderbilt Journal of Entertainment & Technology Law
Social networks, such as Facebook, MySpace, and LinkedIn have grown tremendously over the past decade, and today they claim over 200 million users between the three services. A great number of smaller social networks have also appeared, and new services are constantly being created. With the vast growth of social networking has come the use of social networking in business. As businesses have sought to exploit the wealth of information that social network users share over these networks, businesses have encountered the problem of protecting the compilations of information they have produced. The problem became clear in 2008 when a …
Bargaining Power And Background Law, Nancy S. Kim
Bargaining Power And Background Law, Nancy S. Kim
Vanderbilt Journal of Entertainment & Technology Law
Power in contract law typically refers to the bargaining strength of each contracting party in relation to the other. In assessing the relative bargaining power of each party, courts and commentators often consider factors specific to the parties, such as socio-economic status and education level. In this Essay, I suggest another factor that affects the power of the parties in negotiating or modifying their agreement, one that I refer to as the "background law." The background law is the substantive law that governs the subject matter of the contract. This Essay focuses specifically on the background law of copyrights and …