Digital constitutionalism the governance of virtual communities, part 2: contract

digital constitutionalism, virtual communities, governance, contract, consent, social contract This post provides a brief outline of the contractual chapter of my PhD thesis. Comments appreciated. See Part 1 for the introductory and theoretical outline. The term 'digital constitutionalism' is used here to denote the essential values which underpin the development of legal principle as it[…]

Mozelle Thompson on Governance

governance, public, private, End User Licence Agreements, participant rights, contract, property, facebook Photo: Andrew Feinberg, CC BY 2.0. Last week, I had the opportunity to talk to Mozelle Thompson at an event organised by QUT IPKCE and the IIA. Mozelle was a US Federal Trade Commissioner, and is now a legal adviser to Facebook. Mozelle[…]

EULAs and incorporation by notice

analysis, End User Licence Agreements, click wrap, shrink wrap, incorporation, terms, notice, assent, reasonable, case law, duty to read, End User Licence Agreements, contract, incorporation, terms Most EULA and ToS documents now require the participant to 'accept' the document by checking a box or clicking a button before continuing. If this is accepted to be[…]