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文章基本信息

  • 标题:A new warranty law for digital content ante portas
  • 本地全文:下载
  • 作者:Thomas Rainer Schmitt
  • 期刊名称:University of Vienna Law Review
  • 电子版ISSN:2521-3962
  • 出版年度:2018
  • 卷号:2
  • 期号:1
  • DOI:10.25365/vlr-2018-2-1-1
  • 语种:English
  • 出版社:Advanced Research School in Law and Jurisprudence (Ars Iuris Vienna)
  • 摘要:Today, digital content is used by everyone. Regulation of the underlying contracts poses a challenge for law-makers around the world. In its Proposal for a Directive on certain aspects concerning contracts for the supply of digital content, the EU commission undertakes an effort to meet these challenges. This new instrument follows a very broad approach, addressing issues such as digital content provided not against money but against data (both personal and other data) and modifications to digital content for the duration of a contract. The main focus of the Proposal, however, lies on issues of warranty, such as conformity of digital content, burden of proof and remedies for non-conformity of digital content including specific rules for digital content supplied not indefinitely but over a period of time. This article provides an in-depth analysis of the Proposal discussing the most notable points and elaborating on the numerous aspects that are not yet clear. It concludes with a short description of the most recent documents relating to the Proposal from May 2018.
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