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Cyberlaw and the Global Economy Class 2.1: Online Transactions Harvard Law School Fall, 2003. John Palfrey September 17, 2003. Cyberlaw and the Global Economy. Commercial Transactions. 2.1 Online Transactions 2.2 Business Models 2.3 Mergers & Acquisitions. Intellectual Property.
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Cyberlaw and the Global EconomyClass 2.1: Online TransactionsHarvard Law SchoolFall, 2003 John Palfrey September 17, 2003
Cyberlaw and the Global Economy Commercial Transactions 2.1 Online Transactions 2.2 Business Models 2.3 Mergers & Acquisitions Intellectual Property Data Protection, Security and Privacy ICT and Development
Cyberlaw and the Global Economy Commercial Transactions 3.1 Brand 3.2 Copyright & Digital Media 3.3 Copyright Alternatives Intellectual Property Data Protection, Security and Privacy ICT and Development
Cyberlaw and the Global Economy Commercial Transactions 4.1 Data Security/Privacy 4.2 Lawful Intercept Case Study Intellectual Property Data Protection, Security and Privacy ICT and Development
Cyberlaw and the Global Economy Commercial Transactions 5.1 An All IP Future? 5.2 Entrepreneurship Intellectual Property Data Protection, Security and Privacy ICT and Development
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.”
Shrinkwrap – III • Delayed presentation of terms = OK? • When is a contract formed? • Returning the goods • Is the customer in a “take it or leave it” situation? • Brower v. Gateway 2000, Inc.
Shrinkwrap – IV • 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.
Clickwrap • Method by which assent is obtained • Importance of clicking through the “I agree” button • How many people actually read the agreements as they go through them? • Do we seek a contract regime that is more protective of consumers online in some fashion? • Impact of the plaintiffs involved as law graduates? • Rudder v. Microsoft (Ontario, 1999)
Browsewrap • Netscape
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Berkman Center for Internet & SocietyHarvard Law Schoolhttp://cyber.law.harvard.edu John Palfrey September 10, 2003