User Protection in IT Contracts:A Comparative Study of the Protection of the User Against Defective Performance in Information Technology PDF Download

Author: Clarisse Girot
Publisher: Kluwer Law International B.V.
ISBN: 904111548X
Category : Law
Languages : en
Pages : 488

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Book Description
This volume considers the theme of the protection of the user in the field of Information Technology, and more specifically in relation to software licences, electronic information services and Internet access services. Litigation in IT usually stems from the users' feeling that their expectations have been frustrated at performance. When dealing with such cases, the courts seem to increasingly take the objective of user protection into account. How is this protection implemented? Is this trend generally desirable? Is this judicial protection excessive? What are the constraints met by IT providers that should be taken into account in litigation? How can the user's position be improved? User Protection in IT Contracts extensively presents the reasons why, and the ways in which national courts may decide a case in favour of the user. Many practical issues are considered in this respect. Which factors appear relevant to deal with liability claims in IT? Are exemption clauses always enforceable? What are the implications of information duties for IT providers? How can general conditions be safely incorporated to a contract? This book exhaustively reviews these and other issues in English, Dutch and French law.

Author: Ingeborg Schwenzer
Publisher: Oxford University Press, USA
ISBN: 0199572984
Category : Business & Economics
Languages : en
Pages : 1069

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Book Description
This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.

Author: Evan Selinger
Publisher: Cambridge University Press
ISBN: 1316859274
Category : Law
Languages : en
Pages : 616

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Book Description
Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.

Author: Management Association, Information Resources
Publisher: IGI Global
ISBN: 1466682019
Category : Computers
Languages : en
Pages : 2250

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Book Description
Serious games provide a unique opportunity to engage students more fully than traditional teaching approaches. Understanding the best way to utilize games and play in an educational setting is imperative for effectual learning in the twenty-first century. Gamification: Concepts, Methodologies, Tools, and Applications investigates the use of games in education, both inside and outside of the classroom, and how this field once thought to be detrimental to student learning can be used to augment more formal models. This four-volume reference work is a premier source for educators, administrators, software designers, and all stakeholders in all levels of education.

Author: Stavroula Karapapa
Publisher: Routledge
ISBN: 1136294309
Category : Law
Languages : en
Pages : 242

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Book Description
This book offers an original analysis of private copying and determines its actual scope as an area of end-user freedom. The basis of this examination is Article 5(2)(b) of the Copyright Directive. Despite the fact that copying for private and non-commercial use is permitted by virtue of this article and the national laws that implemented it, there is no mandate that this privilege should not be technologically or contractually restricted. Because the legal nature of private copying is not settled, users may consider that they have a ‘right’ to private copying, whereas rightholders are in position to prohibit the exercise of this ‘right’. With digital technology and the internet, this tension has become prominent: the conceptual contours of permissible private copying, namely the private and non-commercial character of the use, do not translate well, and tend to be less clear in the digital context. With the permissible limits of private copying being contested and without clarity as to the legal nature of the private coping limitation, the scope of user freedom is being challenged. Private use, however, has always remained free in copyright law. Not only is it synonymous with user autonomy via the exhaustion doctrine, but it also finds protection under privacy considerations which come into play at the stage of copyright enforcement. The author of this book argues that the rationale for a private copying limitation remains unaltered in the digital world and maintains there is nothing to prevent national judges from interpreting the legal nature of private copying as a ‘sacred’ privilege that can be enforced against possible restrictions. Private Copying will be of particular interest to academics, students and practitioners of intellectual property law.

Author: Agustin Reyna
Publisher: Nomos Verlag
ISBN: 3748922175
Category : Law
Languages : en
Pages : 242

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Book Description
Verbraucher sehen sich häufig Beschränkungen beim Zugang zu und bei der Nutzung von online angebotenen Inhalten ausgesetzt, die in Endbenutzer-Lizenzvereinbarungen durchgesetzt werden. Diese Beschränkungen können mit den durch das EU-Verbraucherrecht geschützten Verbraucherinteressen kollidieren. Dieses Buch bewertet die ungeklärte Beziehung zwischen dem EU-Urheberrecht und dem Verbraucherrecht, indem es die geltenden Rechtsvorschriften für die Bereitstellung digitaler Inhalte, einschließlich der neuen Richtlinie über digitale Inhalte und digitale Dienste und der Richtlinie über das Urheberrecht im digitalen Binnenmarkt, sowie die einschlägige Rechtsprechung des EuGH zur Beurteilung von Grundrechtskonflikten im Zusammenhang mit urheberrechtlichen Nutzungsbeschränkungen sorgfältig berücksichtigt. Dieses Buch enthält einen Vorschlag für einen integrativen Ansatz, der darauf abzielt, die Interessen von Urheberrechtsinhabern und Verbrauchern beim Zugang zu digitalen Inhalten und deren Nutzung miteinander in Einklang zu bringen.

Author: Bishop, Jonathan
Publisher: IGI Global
ISBN: 1466650729
Category : Technology & Engineering
Languages : en
Pages : 362

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Book Description
With the popularity and ease-of-access to internet technologies, especially social networking, a number of human-centered issues has developed including internet addiction and cyber bullying. In an effort to encourage positive behavior, it is believed that applying gaming principles to non-gaming environments through gamification can assist in improving human interaction online. Gamification for Human Factors Integration: Social, Educational, and Psychological Issues presents information and best practices for promoting positive behavior online through gamification applications in social, educational, and psychological contexts. Through up-to-date research and practical applications, educators, academicians, information technology professionals, and psychologists will gain valuable insight into human-internet interaction and a possible solution for improving the relationship between society and technology.

Author: Maurits Barendrecht
Publisher: Walter de Gruyter
ISBN: 3866537115
Category : Law
Languages : en
Pages : 1095

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Book Description
The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union is enormous. The European Commission recently estimated that services account for some 50% of EU GDP and for some 60% of employment in the Union – though an exact figure is hard to determine given that many services are provided by manufacturers of goods. According to the European Commission, many services appear in official statistics as manufacturing activity, meaning that the role of services in the economy is often significantly underestimated.

Author: Pablo Cortés
Publisher: Routledge
ISBN: 1136943498
Category : Law
Languages : en
Pages : 293

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Book Description
A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.

Author: Martien Schaub
Publisher: Europa Law Publishing
ISBN: 9789076871370
Category : Business & Economics
Languages : en
Pages : 232

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Book Description
The year 2000 was when the European Union issued its E-commerce Directive. This directive regulates and facilitates e-commerce in the internal market by laying down a clear and general legal framework favorable for business organizations as well as protecting the interests of consumers. This book analyzes the consequences of the legal framework for business organizations involved with e-commerce in Europe.