Document Type
Article
Publication Date
Winter 2011
Keywords
Disclosure, Internet, Software, Licensing
Disciplines
Computer Law | Contracts
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's Principles of the Law of Software Contracts.
Recommended Citation
Hillman, Robert A. and O'Rourke, Maureen, "Defending Disclosure in Software Licensing" (2011). Cornell Law Faculty Publications. 191.
https://scholarship.law.cornell.edu/facpub/191
Publication Citation
Published in: University of Chicago Law Review, vol. 78, no. 1 (Winter 2011).