ON ENFORCING VIRAL TERMS.

The article discusses the issues whether and when viral terms should be directly enforceable against downstream users. It is mentioned that the technical infrastructure that the Internet provides is not adequate and it is important that viral terms be widely enforceable. Discussed also are peer prod...

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Detalles Bibliográficos
Publicado en:Harvard Law Review Vol. 122; no. 8; pp. 2184 - 2206
Formato: Artículo
Publicado: Harvard Law Review Association Jun2009
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Acceso en línea:Ver este registro en EBSCOhost
Descripción
Sumario:The article discusses the issues whether and when viral terms should be directly enforceable against downstream users. It is mentioned that the technical infrastructure that the Internet provides is not adequate and it is important that viral terms be widely enforceable. Discussed also are peer production of software, viral marketing, academic peer review and commenting. Courts and commentators have applied two different justifications to the enforcement of viral terms. It is stated that notice strategies and registration of viral terms would be infeasible and ineffectual. In addition, it is inferred that the Internet has the capacity to create more changes in the business and if some viral terms are enforceable, viral business methods can develop fully.