The rule of law and digital constitutionalism

Participation in virtual communities is said to be governed by the contractual documents written by the proprietors and 'agreed' to by the participants. In a system where governance is controlled by contract, then the limits of contract are essentially constitutional principles. Where, then, can we find the limits that we will impose on contractual governance?[…]

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[…]