Digital Content Contracts for Consumers

34 Pages Posted: 12 Jun 2012

See all articles by Marco Loos

Marco Loos

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL); University of Amsterdam - Faculty of Law

Lucie Guibault

Schulich School of Law

Lodewijk Pessers

University of Amsterdam - Institute for Information Law (IViR)

Natali Helberger

University of Amsterdam - Institute for Information Law (IViR)

Date Written: May 31, 2012

Abstract

The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services”, and more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer law. This paper explores the extent to which consumer (contract) law is fit to address the problems faced by digital consumers wishing to enjoy the benefits of digital content and examines whether the on-going initiatives at national and European level are likely to provide relief. Finally, recommendations for improvement are put forward in cases where the analysis shows that the problems identified are not or are insufficiently solved by these initiatives.

Keywords: Digital content, Consumer law, General contract law, Copyright law, Telecommunications law

JEL Classification: K12

Suggested Citation

Loos, Marco and Mak, Chantal and Guibault, L. and Pessers, Lodewijk and Helberger, Natali, Digital Content Contracts for Consumers (May 31, 2012). Amsterdam Law School Research Paper No. 2012-66; Journal of Consumer Policy, Forthcoming; Centre for the Study of European Contract Law Working Paper Series No. 2012-05; Amsterdam Law School Research Paper No. 2012-66. Available at SSRN: https://ssrn.com/abstract=2081918

Marco Loos (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

L. Guibault

Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Lodewijk Pessers

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

Natali Helberger

University of Amsterdam - Institute for Information Law (IViR) ( email )

Kloveniersburgwal 48
1012 CX Amsterdam
Netherlands

HOME PAGE: http://www.ivir.nl

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