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[…]

Estoppel by failing to enforce the rules

End User Licence Agreements, tos, virtual worlds, virtual communities, estoppel, enforce, rules Where the proprietor of a virtual community generally fails to enforce the rules, could it be estopped from doing so in any particular instance? Despite a clear contractual right to terminate, a provider may be estopped from terminating in circumstances where it would[…]

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[…]