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Showing posts with label click wrap. Show all posts
Showing posts with label click wrap. Show all posts

Instagram can sublicense your photos

When you make a public post on Instagram, you allow Instagram to sublicense you photo to anyone using the Instagram API.

One professional photographer found out about this the hard way.

"Unquestionably, Instagram’s dominance of photograph- and video-sharing social media, coupled with the expansive transfer of rights that Instagram demands from its users, means that Plaintiff’s dilemma is a real one. But by posting the Photograph to her public Instagram account, Plaintiff made her choice. This Court cannot release her from the agreement she made."

See Sinclair v. Ziff Davis and Mashable

Online contracting, creating websites

e-commerce
How is contracting online different to other transactions?  
What special regulations are there / should there be to address these differences?
Consider:

Ensuring enforceability of online contracts
Consider the differences between shrink wrap, click wrap and browse wrap agreements.
Where do website terms of use fit it?  Consider some examples and the similarities / differences between them.
What is the impact of the unfair contracts legislation?


Establishing and operating websites
What do you need to be aware of (having regard to previous lectures)?
Australian Government's suggestions

Online Contracting

This week we will cover the two related issues of online contracting and legal issues which arise when creating a website.

Online contracting

How do you determine when an electronic communication is sent/received? What are the possibilities?

Electronic Transactions Act - Queensland / Commonwealth
Vienna Convention on the Sale of Goods (incorporated into Australia law)

Guidelines for operating websites

Australian Treasury Guidelines for e-commerce


Terms of use

What are the common clauses / differences between these Terms of Use?


Clickwrap / Shrinkwrap agreements

Sample

What is the difference between a clickwrap and a shrinkwrap license?

What can you do to try and make a clickwrap agreement enforceable?

How will unfair terms legislation affect these agreements?


List of cases


Enforcing Click Wrap Agreements


New Californian Privacy Law: CPRA to effectively replace CCPA

On U.S. Election Day, 3 November 2020, voters in the State of California overwhelmingly voted in favour of Proposition 24—a ballot measure t...