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Florencia Marotta-Wurgler is a Professor of Law at the New York University School of Law. [1] Her specialties are contract law and commercial law.
Marotta-Wurgler was born in Buenos Aires. She obtained a B.A. in Economics from the University of Pennsylvania in 1996, where she was departmental valedictorian, and a J.D. from the NYU School of Law in 2001, where she was Robert McKay Scholar and winner of the Daniel G. Collins Prize for Excellence in Contract Law.
Before her appointment at the NYU in 2006, she worked as an associate at Davis Polk & Wardwell, completed a fellowship at Fordham Law School’s Center for Corporate, Securities, and Financial Law, and completed a Wagner fellowship at the NYU Center for Law and Business.
She is a member of the New York State Bar Association, and a member of the Executive Committee of the Internet and Computer Law Section of the Association of American Law Schools. She has testified in the U.S. Senate on deceptive Internet sales tactics.
Marotta-Wurgler has taught Contracts, Topics in E-Commerce, Sales, Corporations, and a Research Seminar for Future Academics.
Marotta-Wurgler’s research has focused on standard form contracting (boilerplate) on the Internet. Most of her papers can be downloaded here on SSRN.
A license is an official permission or permit to do, use, or own something.
An end-user license agreement is a legal contract entered into between a software developer or vendor and the user of the software, often where the software has been purchased by the user from an intermediary such as a retailer. A EULA specifies in detail the rights and restrictions which apply to the use of the software.
Open-source software (OSS) is computer software that is released under a license in which the copyright holder grants users the rights to use, study, change, and distribute the software and its source code to anyone and for any purpose. Open-source software may be developed in a collaborative public manner. Open-source software is a prominent example of open collaboration, meaning any capable user is able to participate online in development, making the number of possible contributors indefinite. The ability to examine the code facilitates public trust in the software.
Reasonable and non-discriminatory (RAND) terms, also known as fair, reasonable, and non-discriminatory (FRAND) terms, denote a voluntary licensing commitment that standards organizations often request from the owner of an intellectual property right that is, or may become, essential to practice a technical standard. Put differently, a F/RAND commitment is a voluntary agreement between the standard-setting organization and the holder of standard-essential patents. U.S. courts, as well as courts in other jurisdictions, have found that, in appropriate circumstances, the implementer of a standard—that is, a firm or entity that uses a standard to render a service or manufacture a product—is an intended third-party beneficiary of the FRAND agreement, and, as such, is entitled to certain rights conferred by that agreement.
A software license is a legal instrument governing the use or redistribution of software. Under United States copyright law, all software is copyright protected, in both source code and object code forms, unless that software was developed by the United States Government, in which case it cannot be copyrighted. Authors of copyrighted software can donate their software to the public domain, in which case it is also not covered by copyright and, as a result, cannot be licensed.
Terms of service are the legal agreements between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service in order to use the offered service. Terms of service can also be merely a disclaimer, especially regarding the use of websites. Vague language and lengthy sentences used in the terms of use have brought concerns on customer privacy and raised public awareness in many ways.
A standard form contract is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position.
Shrink wrap contracts are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract.
New York University School of Law is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in New York State. Located in Greenwich Village in Lower Manhattan, NYU Law offers J.D., LL.M., and J.S.D. degrees in law.
Contract management or contract administration is the management of contracts made with customers, vendors, partners, or employees. Contract management includes negotiating the terms and conditions in contracts and ensuring compliance with the terms and conditions, as well as documenting and agreeing on any changes or amendments that may arise during its implementation or execution. It can be summarized as the process of systematically and efficiently managing contract creation, execution, and analysis for the purpose of maximizing financial and operational performance and minimizing risk.
Margaret Jane Radin is the Henry King Ransom Professor of Law, emerita, at the University of Michigan Law School by vocation, and a flutist by avocation. Radin has held law faculty positions at University of Toronto, University of Michigan, Stanford University, University of Southern California, and University of Oregon, and has been a faculty visitor at Harvard University, Princeton University, University of California at Berkeley, and New York University. Radin's best known scholarly work explores the basis and limits of property rights and contractual obligation. She has also contributed significantly to feminist legal theory, legal and political philosophy, and the evolution of law in the digital world. At the same time, she has continued to perform and study music.
Information technology law concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both (digitized) information and software, information security and electronic commerce aspects and it has been described as "paper laws" for a "paperless environment". It raises specific issues of intellectual property in computing and online, contract law, privacy, freedom of expression, and jurisdiction.
Copyright infringement is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.
Dhananjay "Dan" Gode is a Clinical Associate Professor of Accounting, Taxation, and Business law at New York University Stern School of Business. He teaches courses in corporate financial accounting, and also teaches for the TRIUM Global Executive MBA Program, an alliance of NYU Stern, the London School of Economics and HEC School of Management.
The economics of digitization is the field of economics that studies how digitization, digitalisation and digital transformation affects markets and how digital data can be used to study economics. Digitization is the process by which technology lowers the costs of storing, sharing, and analyzing data. This has changed how consumers behave, how industrial activity is organized, and how governments operate. The economics of digitization exists as a distinct field of economics for two reasons. First, new economic models are needed because many traditional assumptions about information no longer hold in a digitized world. Second, the new types of data generated by digitization require new methods for their analysis.
Nancy Christine Staudt is the Frank and Marcia Carlucci Dean of the Pardee RAND Graduate School and the Vice President of Innovation at RAND Corporation. She is a scholar in tax, tax policy, and empirical legal studies.
A boilerplate clause is a legal English term that is used in conjunction with contract law. When forming contracts, parties to the contract often use templates or forms with boilerplate clauses. Such clauses refers to the standardized clauses in contracts, and they are to be found towards the end of the agreement. Including boilerplate clauses is the process by which parties to the contract may better define their relationship and the will to provide certainty if terms in the contract are ever disputed. Boilerplate clauses are standard contractual terms that are routinely included in many contracts. Some of the most common clause types are listed below:
This is a list of articles about terms of service and privacy policies. These are also called terms of use, and are rules one must agree to, in order to use a service. The articles fall in two main categories: descriptions of terms used for specific companies or products, and descriptions of different kinds of terms in general. Articles on companies vary widely in the amount of detail they give on terms of service. Annotations show what is available in the article on each company, and need to be updated as those articles are improved.
Omri Ben-Shahar is the Leo and Eileen Herzel Professor of Law, and Kearney Director and founder of the Coase-Sandor Institute for Law and Economics at the University of Chicago Law School. Prior to his tenure at University of Chicago in 2008, Ben-Shahar was the Kirkland and Ellis Professor of Law and Economics at the University of Michigan, and was the founder and director of the Olin Center for Law and Economics from 1999 to 2008.
Caroline L. Freund is an American economist who is currently the dean of University of California San Diego’s School of Global Policy and Strategy (GPS). She was Director of Trade, Regional Integration and Investment Climate at the World Bank and a Senior Fellow at the Peterson Institute for International Economics since 2013, a position from which she is on leave.
