Principles of the law of software contracts - official text.
The Principles seek to clarify and unify the law of software transactions. In light of the many percolating legal issues that pertain to the information and enforcement of software agreements, an attempt to "restate" this law would be premature. Reinforcing this view, software business and...
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| Format: | Online |
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| Language: | English |
| Published: |
[Place of publication not identified] :
The American Law Institute,
[2010]-
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| Subjects: | |
| Online Access: | https://advance.lexis.com/api/toc/source/MTA3NDA1Nw?origination=lawcc |
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| Summary: | The Principles seek to clarify and unify the law of software transactions. In light of the many percolating legal issues that pertain to the information and enforcement of software agreements, an attempt to "restate" this law would be premature. Reinforcing this view, software business and changes or creates new legal issues. Instead of restating the law, a "Principles" project accounts for the case law and recommends best practices, without unduly hindering the law's adaptability to future developments. For Example, the "Principle" drafter can formulate the "black letter" rather broadly, with substantial elaboration in Comments. Further, although these "Principles" often employ prescriptive language, a "Principles" project is not the law unless anf until a court adopts it. Courts can apply the Principles as definitive rules, as a "gloss" on the common law, U.C.C. Article 2, or other statutes, or not at all, as they see fit. The appropriate form for this project on software contracts is therefore "Principles of the law of software contracts," rather than a restatement. This approach is not new. The ALI has employed the "Principles" approach before in project such as "Principles of corporate governance: analysis and recommendations" and "Principles of the law of family dissolution: analysis and recommendations." |
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| Item Description: | Database includes most recent edition only. |
| Physical Description: | 1 online resource |
| Publication Frequency: | Updated periodically |