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The Law Of The Zebra, Andrea Matwyshyn
The Law Of The Zebra, Andrea Matwyshyn
Andrea Matwyshyn
At the dawn of internet law, scholars and judged debated whether a “law of the horse” – a set of specific laws addressing technology problems – was ever needed. Time has demonstrated that, in some cases, the answer is yes. However, today courts are inherently confused regarding the trajectory for contract law in technology contexts: a technology-centric analysis is threatening to subvert traditional contract law and the future of entrepreneurship: circuit splits have emerged in what might be called an undesirable “law of the zebra.” Do contracts that involve technology indeed require exceptional contract rules? In particular, does the use …
Hidden Engines Of Destruction, Andrea Matwyshyn
Hidden Engines Of Destruction, Andrea Matwyshyn
Andrea Matwyshyn
This article explores whether a duty to warn should exist in the context of digital products. It argues in favor of creating a “reasonable expectation of code safety.” Section I explains the dominant ways that digital products can harm consumers through their code and not their content, focusing on functionality and information security harms. Section II reviews existing regulation of digital products and highlighted their focus on improving information parity and consumer control over digital product relationships. Section II then sets forth the scope of the duty to warn and protect from harms in real space owed by possessors of …