미국 소프트웨어 계약법 원칙 초안에 대한 소고

• 영문명: A Study on Principles of the Law of Software Contracts Drafts in America
• 발행기관: 한국통상정보학회
• 저자명: 조현숙(Hyun-Sook Cho)
• 간행물 정보: 『통상정보연구』제11권 제1호, 333~351쪽, 전체 19쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

The American Law Institute(ALI) has presented drafts of “Principles of the law of software contracts” to clarify and unify the law of software transactions. These principles apply to agreements for the transfer of or access to software. Providing these principles means something in software contracts. First of all, these principles seek to limit the scope to cover only contracts involving software exchanged or accessed for consideration, while UCITA includes a wide variety of “computer information”. Secondly, this project is “Principles” instead of “Restatement” which means that these principles are not the law unless a court adopts it. This is for flexibility not to hinder law’s adoptability of new legal issues that might be created in the future since the software industry has developed. Third, the project seek to balance between software transferor’s interest and transferees to permit the use of remote disablement in limited circumstances. These principles, however, should be considered some concerns in the future work. For example, not to be a unconscionable agreement, it is better to suggest the specific click-wrap procedure and be more illustrative about what types of browser-wrap language are acceptable and what types are not.

목차

Ⅰ. 서론

Ⅱ. 제정배경과 구성

Ⅲ. 적용범위

Ⅳ. 구성내용과 논점

Ⅴ. 결론

참고문헌

Abstract

키워드

Software contracts computer information ALI