Abstract

http://ssrn.com/abstract=976439
 
 

Footnotes (80)



 


 



US Influence With a Twist: Lessons about Unfair Contract Terms from US Software Customers


Jean Braucher


University of Arizona - James E. Rogers College of Law


Australian Competition and Consumer Law Journal, Vol. 15, p. 7, 2007
Arizona Legal Studies Discussion Paper No. 07-14

Abstract:     
US law reform organizations and the US government often seek to export US commercial law to other parts of the world. When it comes to the law of software and other digital products, the failure so far in the US to produce a successful domestic statute leaves other countries a window to develop their law for these transactions in relative independence from industry-driven US influence. Policymakers and regulators elsewhere may find useful the US customer coalition's principles project, outlining the major features of fair process and fair substance for mass-market transactions in digital products. This project, which implicitly critiques US producer practices as it envisions better ones, is consistent with emerging approaches to unfair terms regulation around the world. The customer coalition itself, made up of household consumers, businesses and libraries, is a sign of the failure of the market in terms for digital products. These terms have important public policy implications because of their potential impact on digital innovation and information policy. Rarely do customers of one type of product band together seeking a better balance in the law. The inclusion of business customers and public or not-for-profit institutions (libraries) in the coalition is a particularly interesting development that bears study for use in other mass-market contexts involving complex products and terms that are not serving customers well.

Number of Pages in PDF File: 20

Keywords: software, law reform, commercial law, unfair terms, US influence

JEL Classification: K12, K2, K33

Accepted Paper Series


Download This Paper

Date posted: March 30, 2007  

Suggested Citation

Braucher, Jean, US Influence With a Twist: Lessons about Unfair Contract Terms from US Software Customers. Australian Competition and Consumer Law Journal, Vol. 15, p. 7, 2007; Arizona Legal Studies Discussion Paper No. 07-14. Available at SSRN: http://ssrn.com/abstract=976439

Contact Information

Jean Braucher (Contact Author)
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,223
Downloads: 135
Download Rank: 120,278
Footnotes:  80

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 1.109 seconds