Online Contracts
G. E. Evans, Queen Mary Intellectual Property Research Institute, UK
Maintaining the Security of Electronic Transactions
Problems Concerning the Authenticity and Integrity of Electronic Documents
Party Authentication and Message Integrity
The Legal Framework for Electronic Contracting
United Nations Model Law on Electronic Commerce
U.S. Laws Covering Electronic Transactions
Formation and Validation of Electronic Contracts
When Is an Electronic Record Sent or Received? 395
Notice and Consent Requirements
E-SIGN's Consumer Consent Provisions
Definition of Electronic Signature
Methods of “Signing” an Electronic Record
“Digital Signatures” Created by Public Key Cryptography
Record Accessibility Requirements
Enforceability of Online Contracts
Characterizing Shrink-, Click-, and Browsewrap Agreements
Manifesting Assent to Clickwrap and Browsewrap Agreements
Notice of Unusual or Onerous Terms
Contracts Voidable for Unconscionability
Contractual Restrictions on the Use of Software
Copyright Preemption, Fair Use, and Reverse Engineering
Sale of Goods Law and Digital Information Transactions
Is a Computer Information Product a “Good” or a “License”?
Warranties as to Fitness and Merchantability
Warranties for Informational Products under UCITA
Best Practice for Online Contracts
INTRODUCTION ...
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