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Full-Text Articles in Law

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds Dec 1999

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 …


Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji Oct 1999

Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji

Indiana Journal of Global Legal Studies

No abstract provided.


Certainty, Fence Building, And The Useful Arts, Craig Allen Nard Jul 1999

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Indiana Law Journal

No abstract provided.


The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams May 1999

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 …


Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara Apr 1999

Power And Ideas: North-South Politics Of Intellectual Property And Antitrust, By Susan K. Sell, Lucio Lanucara

Indiana Journal of Global Legal Studies

No abstract provided.