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Contracts

Cornell University Law School

Disclosure

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Defending Disclosure In Software Licensing, Robert A. Hillman, Maureen O'Rourke Jan 2011

Defending Disclosure In Software Licensing, Robert A. Hillman, Maureen O'Rourke

Cornell Law Faculty Publications

This Article surveys prominent kinds of disclosures in contract law-of facts, contract terms, and performance intentions. We show why the disclosure tool, although subject to substantial criticism, promotes important social values and goals, including efficiency, autonomy, corrective justice, fairness, and the legitimacy of the contract process. Further, proposals to replace disclosure with other alternatives are unrealistic because they are too expensive or complex. Our working example is the American Law Institute's Principles of the Law of Software Contracts.


Principles Of The Law Of Software Contracts: Some Highlights, Robert A. Hillman, Maureen O'Rourke Jun 2010

Principles Of The Law Of Software Contracts: Some Highlights, Robert A. Hillman, Maureen O'Rourke

Cornell Law Faculty Publications

The final draft of the Principles of the Law of Software Contracts ("Principles") was unanimously approved by the American Law Institute membership in May of 2009. The goal of the project is to “clarify and unify the law of software transactions.” However, the Principles will not become law in any jurisdiction unless and until a court adopts them, so only time will tell whether the project will accomplish this goal. Nevertheless, one thing is certain. The current law of software transactions, a mish-mash of common law, Article 2 of the Uniform Commercial Code, and federal intellectual property law, among other …