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What’S Software Got To Do With It? The Ali Principles Of The Law Of Software Contracts, Juliet Moringiello, William Reynolds
What’S Software Got To Do With It? The Ali Principles Of The Law Of Software Contracts, Juliet Moringiello, William Reynolds
Juliet M Moringiello
In May, 2009, the American Law Institute (“ALI”) approved its Principles of the Law of Software Contracts (“Principles”). The attempt to codify, or at least unify, the law of software contracts has a long and contentious history, the roots of which can be found in the attempt to add an Article 2B to the Uniform Commercial Code (“UCC”) in the mid-1990s. Article 2B became the Uniform Computer Information Transactions Act (“UCITA”) when the ALI withdrew from the project in 1999, and UCITA became the law in only two states, Virginia and Maryland. UCITA became a dirty word, with several states …
Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds
Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds
Juliet M Moringiello
This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.