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Defending Disclosure in Software Licensing

By Robert A. Hillman and Maureen O\u27Rourke

Abstract

This Article surveys prominent kinds of disclosures in contract law-of facts, contract terms, and performance intentions. We show why the disclosure tool, although subject to substantial criticism, promotes important social values and goals, including efficiency, autonomy, corrective justice, fairness, and the legitimacy of the contract process. Further, proposals to replace disclosure with other alternatives are unrealistic because they are too expensive or complex. Our working example is the American Law Institute\u27s Principles of the Law of Software Contracts

Topics: Disclosure, Internet, Software, Licensing, Computer Law, Contracts
Publisher: Scholarship@Cornell Law: A Digital Repository
Year: 2011
OAI identifier: oai:scholarship.law.cornell.edu:facpub-1190
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