国际商法英文案例选编8, E-Commerce Law.ppt

Lawrence FELDMAN v. GOOGLE, INC. Case Study Questions What is a click-warp contract? What types of conduct constitute consent to terms and conditions on a website? Clicking the “I agree” button on a Web page or during the installation of software? Browsing the “Terms and Conditions” on a website, etc.? ProCD, Inc v. Matthew Zeidenberg and Silken Mountain Web Services, Inc. Case Study Questions: What is a shrink-wrap contract? Is it unique to electronic business? Does an average buyer read or understand a shrink-wrap clause? The difficulty with the typical shrink wrap contracts is that the terms are not made available to the purchaser until after payment is made. When is offer and acceptance made in purchasing goods containing a shrink-wrap license? Must the seller prove sufficient evidence of notice and assent to the terms at the time of purchase in order for a shrink-wrap license to be binding? When the purchase precedes the communication of detailed terms, should the terms be binding? ProCD, Inc v. Matthew Zeidenberg and Silken Mountain Web Services, Inc. Questions for Discussion 1 It seems that Click-wrap contract is less controversial than shrink-wrap contract in that the Internet user sees the contract terms on the computer screen and cannot complete the purchase without clicking the button on the screen to indicate assent. And the Lawrence court also upheld the use of click-wrap contracts. Do you agree with this? Why or why not? ProCD, Inc v. Matthew Zeidenberg and Silken Mountain Web Services, Inc. Questions for Discussion 2 A challenge to click-wrap contracts lies in how to assure that the user clearly and expressly manifests assent to the stated terms. To what degree should the action of clicking represent the genuine consent from the purchaser? Should a click-wrap be held as “contract of adhesion”? If yes, to what degree? ProCD, Inc v. Matthew Zeidenberg and Silken Mountain Web Services, Inc. Questions for Discussion 3 Do you agree with the Sp