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Karin Sein, What Rules Should Apply to Smart Consumer Goods? Goods with Embedded Digital Content in the Borderland Between the Digital Content Directive and “Normal” Contract Law, 8 (2017) JIPITEC 96 para 1.

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%0 Journal Article
%T What Rules Should Apply to Smart Consumer Goods? Goods with Embedded Digital Content in the Borderland Between the Digital Content Directive and “Normal” Contract Law
%A Sein, Karin
%J JIPITEC
%D 2017
%V 8
%N 2
%@ 2190-3387
%F sein2017
%X The European Commission’s approach in the “Proposal of Digital Content Directive” to regulate digital content contracts based on the object, rather than the type of contract, has led to a situation where a component of a product (the embedded digital content) can end up being subject to a contractual regime different from that applicable to the rest of the “smart” product. Different solutions have been proposed to solve this situation: firstly, one could apply goods rules to the whole product, including embedded digital content; alternatively, one could use split rules and subject the hardware of the product to goods rules and embedded digital content to digital content rules. One could even imagine subjecting the whole good to the digital content rules – an approach that would mean a major shift for the existing sales and leasing law. The article discusses the legal consequences of these different options, describes their advantages and disadvantages, and concludes that while there is no ideal solution to be found, the split-approach would be preferable.
%L 340
%K Digital Content Directive
%K Smart consumer goods
%K contract law
%K goods with embedded digital content
%U http://nbn-resolving.de/urn:nbn:de:0009-29-45594
%P 96-110

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@Article{sein2017,
  author = 	"Sein, Karin",
  title = 	"What Rules Should Apply to Smart Consumer Goods? Goods with Embedded Digital Content in the Borderland Between the Digital Content Directive and ``Normal'' Contract Law",
  journal = 	"JIPITEC",
  year = 	"2017",
  volume = 	"8",
  number = 	"2",
  pages = 	"96--110",
  keywords = 	"Digital Content Directive; Smart consumer goods; contract law; goods with embedded digital content",
  abstract = 	"The European Commission's approach in the ``Proposal of Digital Content Directive'' to regulate digital content contracts based on the object, rather than the type of contract, has led to a situation where a component of a product (the embedded digital content) can end up being subject to a contractual regime different from that applicable to the rest of the ``smart'' product. Different solutions have been proposed to solve this situation: firstly, one could apply goods rules to the whole product, including embedded digital content; alternatively, one could use split rules and subject the hardware of the product to goods rules and embedded digital content to digital content rules. One could even imagine subjecting the whole good to the digital content rules -- an approach that would mean a major shift for the existing sales and leasing law. The article discusses the legal consequences of these different options, describes their advantages and disadvantages, and concludes that while there is no ideal solution to be found, the split-approach would be preferable.",
  issn = 	"2190-3387",
  url = 	"http://nbn-resolving.de/urn:nbn:de:0009-29-45594"
}

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RIS

TY  - JOUR
AU  - Sein, Karin
PY  - 2017
DA  - 2017//
TI  - What Rules Should Apply to Smart Consumer Goods? Goods with Embedded Digital Content in the Borderland Between the Digital Content Directive and “Normal” Contract Law
JO  - JIPITEC
SP  - 96
EP  - 110
VL  - 8
IS  - 2
KW  - Digital Content Directive
KW  - Smart consumer goods
KW  - contract law
KW  - goods with embedded digital content
AB  - The European Commission’s approach in the “Proposal of Digital Content Directive” to regulate digital content contracts based on the object, rather than the type of contract, has led to a situation where a component of a product (the embedded digital content) can end up being subject to a contractual regime different from that applicable to the rest of the “smart” product. Different solutions have been proposed to solve this situation: firstly, one could apply goods rules to the whole product, including embedded digital content; alternatively, one could use split rules and subject the hardware of the product to goods rules and embedded digital content to digital content rules. One could even imagine subjecting the whole good to the digital content rules – an approach that would mean a major shift for the existing sales and leasing law. The article discusses the legal consequences of these different options, describes their advantages and disadvantages, and concludes that while there is no ideal solution to be found, the split-approach would be preferable.
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-45594
ID  - sein2017
ER  - 
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Wordbib

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ISI

PT Journal
AU Sein, K
TI What Rules Should Apply to Smart Consumer Goods? Goods with Embedded Digital Content in the Borderland Between the Digital Content Directive and “Normal” Contract Law
SO JIPITEC
PY 2017
BP 96
EP 110
VL 8
IS 2
DE Digital Content Directive; Smart consumer goods; contract law; goods with embedded digital content
AB The European Commission’s approach in the “Proposal of Digital Content Directive” to regulate digital content contracts based on the object, rather than the type of contract, has led to a situation where a component of a product (the embedded digital content) can end up being subject to a contractual regime different from that applicable to the rest of the “smart” product. Different solutions have been proposed to solve this situation: firstly, one could apply goods rules to the whole product, including embedded digital content; alternatively, one could use split rules and subject the hardware of the product to goods rules and embedded digital content to digital content rules. One could even imagine subjecting the whole good to the digital content rules – an approach that would mean a major shift for the existing sales and leasing law. The article discusses the legal consequences of these different options, describes their advantages and disadvantages, and concludes that while there is no ideal solution to be found, the split-approach would be preferable.
ER

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Mods

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    <title>What Rules Should Apply to Smart Consumer Goods? Goods with Embedded Digital Content in the Borderland Between the Digital Content Directive and “Normal” Contract Law</title>
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    <namePart type="family">Sein</namePart>
    <namePart type="given">Karin</namePart>
  </name>
  <abstract>The European Commission’s approach in the “Proposal of Digital Content Directive” to regulate digital content contracts based on the object, rather than the type of contract, has led to a situation where a component of a product (the embedded digital content) can end up being subject to a contractual regime different from that applicable to the rest of the “smart” product. Different solutions have been proposed to solve this situation: firstly, one could apply goods rules to the whole product, including embedded digital content; alternatively, one could use split rules and subject the hardware of the product to goods rules and embedded digital content to digital content rules. One could even imagine subjecting the whole good to the digital content rules – an approach that would mean a major shift for the existing sales and leasing law. The article discusses the legal consequences of these different options, describes their advantages and disadvantages, and concludes that while there is no ideal solution to be found, the split-approach would be preferable.</abstract>
  <subject>
    <topic>Digital Content Directive</topic>
    <topic>Smart consumer goods</topic>
    <topic>contract law</topic>
    <topic>goods with embedded digital content</topic>
  </subject>
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  <identifier type="citekey">sein2017</identifier>
</mods>
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JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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