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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 96-110Download
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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" }Download
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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 -Download
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<?xml version="1.0" encoding="UTF-8"?> <b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" > <b:Source> <b:Tag>sein2017</b:Tag> <b:SourceType>ArticleInAPeriodical</b:SourceType> <b:Year>2017</b:Year> <b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle> <b:Volume>8</b:Volume> <b:Issue>2</b:Issue> <b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-45594</b:Url> <b:Pages>96-110</b:Pages> <b:Author> <b:Author><b:NameList> <b:Person><b:Last>Sein</b:Last><b:First>Karin</b:First></b:Person> </b:NameList></b:Author> </b:Author> <b: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</b:Title> <b:Comments>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.</b:Comments> </b:Source> </b:Sources>Download
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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. ERDownload
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Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 8 (2017) 2 |
---|---|
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 (eng) |
Author | Karin Sein |
Language | eng |
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. |
Subject | Digital Content Directive, Smart consumer goods, contract law, goods with embedded digital content |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-45594 |