Enforcement of Terms of Use

Mike Wawszczak

Introducing Terms of Use agreements.

"Magic: the Gathering Online" Game User Agreement and Software License;
              read Sections 1, 2, 6, 8, 9, 11, and 14
              (note in particular acceptance of new terms in Section 6 and treatment of card purchases as licenses under Section 8.)

Madison Square Park End User License Agreement — the "Walk-through" agreement
              read the article and browse the comments
Lemley, Terms of Use
              read pp. 459-483 (whole article)
O’Toole, Did Iqbal/Twombly Raise the Bar for Browsewrap Claims?

Terms of Use and Property Rights: A sale by ay other name?

Radin, Regulation by Contract, Regulation by Machine;
              read pp. 1-10 (Abstract and Sections 1-5)
Adobe Systems, Inc. v. One Stop Micro, Inc., 84 F.Supp.2d 1086
              read Sections I, II, and IV.A.
SoftMan Products Co., LLC v. Adobe Systems, Inc., 171 F.Supp.2d 1075
              read Sections I and III (part A.1 only)

Consequences of Terms of Use violations.

United States v. Lori Drew, Decision on Defendant’s F.R.Crim.P. 29(c) Motion

read Sections I (all), II (all), III (B only), and IV (A, B, and only part 3 of C)
Hofmann, Is Sarah Palin a Computer Criminal? and Sarah Palin Revisted.

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