Molly Shaffer Van Houweling has an interesting paper on EULAs and servitudes (think: real property). According to the abstract:
In the age of electronic commerce, consumers routinely acquire intangible products without engaging in any direct human interaction. These products - computer programs, digital music, etc. - often arrive bearing terms that purport to limit the sticks in the consumers’ bundles of rights in ways that depart from the background limitations imposed by intellectual property law. For example, a consumer who has downloaded a computer program from the Internet might be presented with a screen of text imposing myriad restrictions on how the program may be used; installation commences only when the consumer clicks ’I agree.’ Courts in the United States have increasingly enforced such restrictions - labeling them ’click-wrap licenses’ and applying to them the same contractual concepts that govern face-to-face exchanges ...
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Forget The Term Sheet?From: feeds.lexblog.com
Post Date: 2008-02-08 12:58:42
Certain phrases scare the heck out of me. For instance, "This won’t hurt a bit," "This may feel a little cold," "This stock can’t lose!" and, of course, "It tastes just like chicken." But perhaps the most frightening statement I’ve come across in my practice is the following: "Let’s forget the term sheet and just draft the contract." Why is this scary? Going straight from idea to contract without passing term sheet is...
more eBay and Personal JurisdictionFrom: feeds.lexblog.com
Post Date: 2008-02-07 09:56:47
Yet another eBay jurisdiction case. From Decision of the Day :
So the [plaintiffs file] a pro se suit in Colorado, seeking a declaratory judgment that their wares constituted fair use. The defendants are a Connecticut company and a British company with no ties to Colorado, so they moved to dismiss on the ground that the court lacked jurisdiction over them. Although a magistrate judge disagreed, the district judge overrode his recommendation and dismissed the suit for lack of personal j...
more ENOUGH WITH THE CAPS ALREADY!From: feeds.lexblog.com
Post Date: 2008-02-07 09:44:42
Sure, most of us put them in our contracts. But do we really need ALL THOSE CAPITAL LETTERS FOR CLAUSES THAT ARE SUPPOSED TO BE CONSPICUOUS, LIKE DISCLAIMERS OF WARRANTY? The eminently sane Ken Adams suggests not:
Andrew says that some laws require that certain provisions be written in all capitals. Can anyone cite for me any such laws? And no, the Uniform Commercial Code doesn’t count. Parts of the U.C.C. require that text be “conspicuous.” For example, section 2-...
more LeakageFrom: feeds.lexblog.com
Post Date: 2008-02-07 09:27:46
Waxy.org crunches some piracy numbers:
This year, all but six of the 34 nominated films were available in DVD quality by the last week of January. This is about consistent with past years, but we’re seeing a shift towards studios releasing DVDs closer to their theatrical date. This trend, combined with the new availability of high-quality Region 5 rips from overseas, is making the screener leak less meaningful. After all, why bother releasing the screener if the retail DVD or a di...
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