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Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Federal Communications Law Journal
Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …
The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams
The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams
Federal Communications Law Journal
The Internet environment has presented copyright law with a development unlike any other this century. The illegal trading of copyrighted works has become easier than ever. Until recently, it was possible to hold online service providers strictly liable for the infringing actions of their users, regardless of whether the provider had knowledge of any infringing activity. While promoting the policy of copyright law, upholding such a standard had the potential to limit Internet speech and retard its growth. Seeing this, Congress began to debate on legislation that would protect innocent service providers from this liability. This Note argues that with …