Abstract

http://ssrn.com/abstract=1259968
 
 

Footnotes (27)



 


 



Internet Challenges to Business Innovation


Nancy S. Kim


California Western School of Law

August 27, 2008

Journal of Internet Law, Vol. 12, No. 3, August 2008

Abstract:     
While the adoption of the licensing model in the hard goods arena is problematic from a legal standpoint, it is misguided from a purely policy-oriented one as well. The embrace of 'wrap agreements' and the licensing model (as opposed to the old-fashioned idea of a sale) by courts was motivated by a desire to encourage business innovation and deter bad faith business conduct. Unfortunately, many of the technology innovators of yesterday are the innovation stiflers of today, attempting to control what consumers can do with software through overreaching contractual clauses and overzealous legal departments. To make matters worse, companies in established industries, such as book publishing, are following the lead of the software giants by relying upon innovative contracting models rather than by developing innovative business models. The distributive power of the Internet and the relatively low cost of setting up a virtual community and online shop open up possibilities for writers, musicians and other artists that were unavailable just a few years ago. Consequently, the next wave of online business innovation may be driven by content providers who recognize their value and demand some sort of compensation, whether it be in the form of cash, royalties, or equity.

Number of Pages in PDF File: 6

Keywords: business innovation, entrepreneur, clickwrap agreement, contracts, licensing, Internet

Accepted Paper Series


Download This Paper

Date posted: August 29, 2008  

Suggested Citation

Kim, Nancy S., Internet Challenges to Business Innovation (August 27, 2008). Journal of Internet Law, Vol. 12, No. 3, August 2008. Available at SSRN: http://ssrn.com/abstract=1259968

Contact Information

Nancy S. Kim (Contact Author)
California Western School of Law ( email )
225 Cedar Street
San Diego, CA 92101
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,425
Downloads: 318
Download Rank: 52,544
Footnotes:  27
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.485 seconds