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EULAs and TOS as Adhesionary Contracts

EULAs and TOS as Adhesionary Contracts

As I understand, EULAs and TOS are a type of adhesionary contracts. The Legal Information Institute at Cornell University defines an adhesionary contract as “a standard form contract drafted by one party (usually a business with stronger bargaining power) and signed by the weaker party (usually a consumer in need of goods or services), who must adhere to […]

Week 9 Guest Speaker: Jennifer Lloyd Kelly

Week 9 Guest Speaker: Jennifer Lloyd Kelly

We are particularly privileged this coming week to have as our guest Jennifer Lloyd Kelly. Ms. Kelly is IMHO the leading video game law litigator in the world. She is (for the second time in the history of the course) making the trek from San Francisco where she practices at Fenwick & West LLP. The […]

Why is law so slow to change in relation to technology?

Why is law so slow to change in relation to technology?

My immediate reaction when this question was asked last week and this week was “because law is slow to change in relation to most things.” For example, last Friday (the 18th) was Persons Day, the 85th anniversary of the Persons Case. Sure took a while for that (now obvious and self-evident to most, I hope) […]

News of the Week; October 22, 2014

GAMES 1. Judge says EA executives committed “puffery,” not securities fraud: Statements about Battlefield 4 launch were “corporate optimism, or puffery.” 2. IT HAPPENED TO ME: I’ve Been Forced Out Of My Home And Am Living In Constant Fear Because Of Relentless Death Threats From Gamergate. This is what happens when you stand up to the misogyny […]