Cyberlaw and the Global Economy Class 2'1: Online Transactions Harvard Law School Fall, 2004 - PowerPoint PPT Presentation

About This Presentation
Title:

Cyberlaw and the Global Economy Class 2'1: Online Transactions Harvard Law School Fall, 2004

Description:

Cyberlaw and the Global Economy. Class 2.1: Online Transactions. Harvard Law School ... (cbracy_at_cyber.law.harvard.edu to reserve time) Berkman Center for ... – PowerPoint PPT presentation

Number of Views:80
Avg rating:3.0/5.0
Slides: 15
Provided by: johnpa8
Category:

less

Transcript and Presenter's Notes

Title: Cyberlaw and the Global Economy Class 2'1: Online Transactions Harvard Law School Fall, 2004


1
Cyberlaw and the Global EconomyClass 2.1
Online TransactionsHarvard Law SchoolFall,
2004
John Palfrey September 16, 2004
2
Cyberlaw and the Global Economy
Commercial Transactions
2.1 Online Transactions 2.2 Spam 2.3 Mergers
Acquisitions
Intellectual Property
Data Protection, Security and Privacy
ICT and Development
3
Roadmap for today
  • Online Transactions
  • Blocking and tackling of transactions in digital
    goods and services
  • Shrinkwrap
  • Clickwrap
  • Browsewrap
  • Cross-border dynamics
  • Other issues, if time permits
  • Taxation problems
  • E-signatures UETA, E-Sign, EU Directives

4
Shrinkwrap
  • Software purchase in shrinkwrap
  • MicrosoftXP Office box reads
  • You must accept the enclosed License Agreement
    before you can use this product. If you do not
    accept the terms of the License Agreement, you
    should promptly return the product for a refund.

5
Shrinkwrap - II
  • MicrosoftXP Office
  • Privacy Policy
  • Instructions and Microsofts privacy policy
    will be detailed to the user during launch of the
    product.

6
Shrinkwrap III
  • Delayed presentation of terms
  • When is a contract formed?
  • On what grounds might it not be a binding
    contract?
  • Take it or leave it situation?
  • Brower v. Gateway 2000, Inc.

7
Shrinkwrap IV
  • Transaction in shrinkwrapped software.
  • Customer is in Amsterdam.
  • Seller is in the Bay Area.
  • Customer is bound by an arbitration agreement in
    California.
  • Customer can return the goods, but they only cost
    9.99 USD.

8
Clickwrap
  • Method by which assent is obtained who offers,
    who accepts? Why and how does it matter?
  • When is a contract formed?
  • How many people actually read the agreements as
    they go through them? Does it matter if no one
    reads them?
  • Do we seek a contract regime that is more
    protective of consumers online in some fashion?
  • Impact of the unsympathetic plaintiffs?
  • Rudder v. Microsoft (Ontario, 1999)

9
Browsewrap
  • Is it enough for the contract that you seek to
    bind your customer is linked from somewhere on
    the site?
  • Is a click-through strictly necessary to create a
    binding contract?
  • Specht v. Netscape Communications (2001)

10
Unconscionability
  • PayPal v. Comb
  • Is it a browsewrap case or an unconscionability
    case?
  • Does it differ from Brower v. Gateway?
  • Does this doctrine help with cross-border
    problems?

11
Problem 13.5, Mann p. 214
  • Article 10Information to be provided
  • 3. Contract terms and general conditions
    provided to the recipient must be made available
    in a way that allows him to store and reproduce
    them.
  • -- EU E-Commerce Directive

12
Conflict
  • Imagine a dispute in a transaction between the
    customer in Amsterdam and the company in the
    United States.
  • How do we determine the choice of law that shall
    apply?
  • If its in the contract, is that the end of the
    story? Does the European customer lose her
    consumer protections as her home country has
    defined them? (EU Distance Sale Directive,
    E-Commerce Directive).
  • If the contract is silent on this term, what do
    we do?
  • (Might consider the impact of CISG. How do we
    know if its goods that are involved in digital
    transactions? B2B v. B2C distinction.)
  • Taxation Can the Bellas Hess rule work globally?
  • Grants safe harbor to sellers whose only
    connection with customers in the taxing State is
    by common carrier or the US Mail.

13
Admin
  • Please sign up
  • H2O (required)
  • (Questions? E-mail hroberts_at_cyber.law.harvard.ed
    u)
  • Office Hours
  • Thursdays, 100 300 p.m.
  • (cbracy_at_cyber.law.harvard.edu to reserve time)

14
Berkman Center for Internet SocietyHarvard Law
Schoolhttp//cyber.law.harvard.edu
John Palfrey September 16, 2004
Write a Comment
User Comments (0)
About PowerShow.com