Since the software and Internet boom of the 1980’s, there has been the existence of click-on, (aka click-through, click-on license, or click-wrap agreement), End User License Agreements (EULA) and Terms of Service (TOS) contracts. These contracts require the user to give assent to “lease” the program or website by clicking on an” I agree” or “I disagree” button which either confirms that the user has read the EULA or TOS and is giving assent to those terms, or is rejecting those terms and therefore is making the decision not to use the product. They are found in every sort of medium from web-based programs like Facebook and Instagram to installed software such as Adobe and McAfee. The terms are usually implied warranties, limit …show more content…
Luckily for “Big Software”, the law doesn’t require that the user read through all of the terms for the contract to be binding. Currently the law, namely the Uniform Commercial Code (UCC), has no warranty protections for the consumer who leases these programs, although courts have tried to use it to interpret individual software warranty, privacy, and breach of contract cases. The poorly received and executed Uniform Computer Information Transactions Act (UCITA) was designed based on Article 2 of the UCC but has only been adopted by Maryland and Virginia. While UCITA has been extensively protested by consumers, the legal and intellectual property law communities state their objections that the Act upholds the root of the problem, overly aggressive contract terms (Kaner). The authors of the UCC, National Conference of Commissioners on Uniform State Laws (NCCUSL), and the American Law Institute (ALI) need to draft viable regulations for both software companies and consumers that level the playing field. Another issue that arises for the end user is the fact that they are only freely using or purchasing a license, or right, to these online products in comparison to purchasing a tangible good at a store. When the NCCUSL revisited the UCC to make an amendment (Article 2B) to include regulations for software licenses, the ALI pulled out of the deal, and the
To understand how the collapse of the Repercussion affected the rise of monopolies, one needs to know what a monopoly is. A monopoly is a corporation or company that grew and took over smaller companies. The monopolies controlled the whole market and crushed all competition. There were two kinds of monopolies there are vertical and horizontal. Vertical monopolies controlled all of the companies that led up to the production of
The era of the 1920s, also known as the Roaring 20’s, was a revolutionary time in which radical changes struck the American nation, drastically increasing advances in society and economy. New and different forms of dance, music, clothing, behavior, and lifestyle were developed nationwide. The Antebellum Period in the late 1700s increased rebellion, similar to the Roaring 20’s era of growth and reform. As this time period brought profound changes, conflict, cultural excitement, and experimentation, the population of America was experiencing an alteration in social values. The American pride, similar to the pride we had when separating from the British, was still alive as independence and freedom was strongly rebelled for. The Roaring 20’s depicted the growing independence of the American public as the promised result of cultural excitement with the usage of alcohol, experimentation with labor strikes, conflict over ones rights, and change in the prosperity of the nation, was much linked to and differed from the Temperance movement, Labor movement, Suffrage movement, and the Industrial Revolution.
Fear, afraid and something new are words that many people think of when they hear the word change. Many people are afraid of change and fear the unknown and when given the opportunity for change they dismiss it, but change is one of the most important factors, especially in the development of a country. Attempts at change whether they fail or not, is important because they provide as learning experiences for the country and can help them develop further. The 1980s was a decade full of opportunities for change in Canada and taught many the importance of taking chances, using the opportunity when given and learning from failure. The 1980s is the most important and influential decade in Canadian history. The 1980s contributed to change that can
Miller, R. L. R., Cross, F. B., & Jentz, G. A. (2013). Business law: Alternate edition: text and summarized cases: legal, ethical, global, and e-commerce environment. Mason, Ohio: South-Western Cengage Learning.
The 1980’s marked a period of great strength and ideology for the modern Republican Party and Conservative movement still revered in the 21st century. This period is marked by a man that represented and embodied the goals of their party, Ronal Reagan, who was elected to the office of President of the United States of America in 1981. His economic policies, communications strategies, and personality are traits that conservatives strive to emulate looking to him as the model Republican.
This paper will discuss a set of hypothetical scenarios dealing with various legal issues BUGusa, Inc. must address with their interactions with WIRETIME, Inc., parking lot security, and vendors. The team will address each scenario and the different types of legal protections and situations brought before BUGusa, Inc.
As you know, eight months ago we entered into a contract with Citizen-Schwarz AG to create custom e-banking software. The agreed contract outlined the details of the arrangement, including on-schedule delivery and quality of the deliverables, strong communication between both parties, procedures for any changes in the system requirements, intellectual property rights, and dispute management procedures. Depending on our performance, we were projecting to gain an additional contract with C-S’s larger e-CRM order. Unfortunately, the original contract was filled with ambiguity from the start that increased the risk factor for both parties.
Petrograd can likely prove the mixed contract in dispute is predominately service-based and therefore unsuitable to be governed by the UCC. Given that software has yet to be definitively classified in this state, Delaware courts are ultimately free to choose the body of law they find most
President Reagan achieved large part of his goals. Although he had many down falls. One of the goals that he achieved was to cut taxes for Americans. In the reading, "The Economy in the 1980's" it states, "He got 25% tax cut for individuals". Also Reagan wanted to decrease the unemployment rate and give families a higher income. On graph number two, it showed that before Reagan was president the income was rather low. While Reagan's terms went one the income slowly rose. Despite high income shown of graph three the unemployment was considerably high. In the reading, "The Economy in the 1980's" it claims that there was a recession, "The GNP is the total value of goods and services produced by a nation. More people were out of work". Another
After the Civil War, industrialization kicked off (an after-effect of the Market Revolution). But rather than attempt to control it, the government bowed out instead, claiming itself laissez-faire under Adam Smith’s capitalism ideas, and letting the industrial chips fall where they may. However, it appears the government couldn’t let the “invisible hand” decide the fate of the U.S. market, so they began to intervene in business affairs despite their original pledge not to. The government assisted a great deal in the rise of corporate capitalism (business economy run by corporations and monopolies such as the Standard Oil Company and the U.S. Steel Company) through its laissez-faire policies, railroad involvement, and corruption.
In his article, Groskopf first sets the stage by letting the reader take a survey to let them see if they know the type of ownership a reader would have over an example of a digital book. His survey then outlines the uneven distribution of answers given showing that most of his readers are wrong about digital ownership rights. Groskopf continues by stating that most of the rights are outlined in the Terms of Service (TOS) of the selling company, a statistic from a reputable source showing that the majority of buyer’s do not read the TOS and some examples demonstrating how companies can take advantage of this
The 1970’s and 1980’s were a tough and chaotic time. So much happened, and it is all left in history. Deindustrialization start in the mid 1960’s and continued over to the 1970’s. The Sexual Revolution lasted throughout the 1970’s and Moral Majority began in the 1980’s. Lastly, the Cold War lasted through the 70’s and 80’s. Even though all these events had their downfalls, hardships, and struggles, the outcome was truly amazing. For example, women finally gained rights to vote and express their ideas equally. They were not allowed to do such thing before.
“A contract is a legally enforceable promise.” Lau, T., & Johnson, L. (2013). When people buy cell phones these days, they understand that they will be entering a legally enforceable promise.
Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.