Paul Ganley<br />Sep 1, 2004; 12:282-332<br />Articles
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G Sutter<br />Sep 1, 2000; 8:338-378<br />Articles
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G Sutter<br />Sep 1, 2000; 8:338-378<br />Articles
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Existing e-commerce literature abounds with misconceptions regarding both technology and contract law. Long-standing legal concepts are adorned with “e-” or “cyber-” to appear more exciting. The traditional contractual regime is supplanted with new principles instead of being supplemented with technological considerations. It is one thing, to include technology in legal analyses, it is another to create separate, technology-specific categories. Separate categories justify the departure from traditional principles. Most, if not all, alleged “challenges” created by new communication scenarios fit within the existing legal framework, technological complexity and novelty of the Internet notwithstanding. Most “challenges” are also unrelated to the fact that transactions are concluded on the Internet or with electronic means. The new transacting environment frequently exacerbates pre-existing difficulties, but does not necessarily create them. It is probably too late to abandon popular terminology. It is not too late, however, to recognize its limited implications.

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Giovanni Sartor, Mario Viola de Azevedo Cunha<br />Dec 1, 2010; 18:356-378<br />Articles
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Technological protection measures (TPMs) are the hard core of digital rights management (DRM) systems, which enforce the rights of the copyright owner in the digital environment. Copyright scholars expressed concerns that TPMs do not comply with copyright exceptions and limits (Hugenholtz 2000; Koelman 2000; Dusollier 2003; Westkamp 2004). A few solutions to this problem have been proposed in the field of internet services (Mulligan and Burstein 2002; Erickson 2003; Cohen and Burk 2001; Sobel 2003). However, none of these proposals is tailored to optical disks (CDs and DVDs). Yet, the report ‘Digital Broadband Content: Music’ of the OECD (2005) states that TPMs implemented on optical disks hinder copyright exceptions more often than those applied to internet services. Moreover, in Europe the Copyright Directive exempts TPMs implemented on internet services from compliance with copyright exceptions. This paper therefore outlines possible ways to implement TPMs on optical disks in Europe, in order to achieve their compliance with a list of fundamental copyright exceptions, as identified by previous research (Favale 2008).

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The purpose of this article is to consider the approach that should be taken to determine whether a browse-wrap contract has been formed. As acceptance of such contracts is by an action, which could occur without reference to the offer, the fundamental question must be considered as to whether an acceptance can take place without subjective knowledge or intention. However, the rules that should be applied in principle in implementing an ‘objective approach’ to such contracts will be considered. They will be seen to be restrictive of when a contract will be found and it will be contended that the objective line can therefore be maintained.

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In recent years there has been a debate as to whether access to the internet can now be considered a human right. If internet access is a human right then this would raise the question as to whether it is possible to ever restrict an individual’s internet access or make it subject to limitations. One area where individuals are currently the subject of limitations is child sex offences where some internet offenders have access to the internet either prohibited or subject to significant limitations. This article considers the approach and legality of such restrictions by focusing on two jurisdictions; England and Wales and the United States of America.

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Cloud computing offers an attractive solution to customers keen to acquire computing infrastructure without large up-front investment, particularly in cases where their demand may be variable and unpredictable. But the greater flexibility of a Cloud computing service as compared with a traditional outsourcing contract is balanced by less certainty for the customer in terms of the location of data placed into the cloud and the legal foundations of any contract with the provider. This paper reports on a detailed survey and analysis of the Terms and Conditions offered by cloud computing providers.

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This article presents a legal method that can be used to find solutions to the challenge of regulating Internet technology. The method consists of ten steps and the reader is guided through the application of these steps. As the method can easily be transferred to other areas of regulation, the article should benefit anyone with an interest in research methodology.

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