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One can only hope that the appeal cases in summary proceedings and the case on the merits against Facebook will shed more light on the territorial application of national data protection laws by local courts further to the Google Spain and Weltimmo cases and will clarify how exactly a cookie consent could be obtained for both registered and non-registered users. Further information about the authors on p. Diedrich The Cisg And Computer Software Revisited License Agreement ByIP rights. CWS also claimed that Vendorlink had violated the terms set out in the license agreement by integrating the CWS software into its own software. Diedrich The Cisg And Computer Software Revisited Software License Agreement HadHeld The District Court Mid- held that the CWSs software license agreement had to be considered as purchase agreement because the customers right to use the software was not limited in time and the fee for the software had to be paid in full. They were placed on your computer when you launched this website. This is just one symptom for the fact that the substantive and procedural rules including private international law relating to internet regulation are still very much in flux. The vast growth of data exchange via the internet is also due to the trifling costs in comparison to telephone calls, sending the informationdata via ordinary mail, going to a library, looking endlessly through yellow pages, commuting to a workplace or going shopping in overcrowded department stores with mysterious opening hours. So the legal problems are in part off-springs of digitalized data, including photos and music, and in part result from the non-physical existence of the data. However the information cannot be copied except with a Xerox-machine resulting in the loss of quality. It used to be even more difficult to copy music, photographs or films, but due to the enhanced speed of computers one can send huge quantities of computer-programs, digitalized books, music or photos in a split-second from one continent to another. A website can be accessed by anyone, anywhere in the world 1. So the internationalisation of law has all of a sudden become a necessity simply because of the internationalisation of daily life. Nevertheless, there is the undeniable enormous sales potential in electronic commerce and the direct (one-to-one) marketing at almost no cost 4. This leads to a new form of global competition in markets for goods and services that were nationally isolated in the past because of high transaction costs. The consumer is benefiting from E-Commerce through lower prices because of the global competition and the greater transparency of markets. Both consumers and companies are sharing the advantages of E-Commerce, i.e. This does not necessarily call for a separate and comprehensive law of the internet, but it is of vital importance to address the various legal problems created by transactions over the internet on a global level 6. Generally, the problem of finding the applicable law to a contract concluded over the internet can be solved within the existing rules of private international law that were unified for the EU-member states by the Rome Convention of 1980 7. However, the traditional methods for tracking down the place of business or the place where the contract was concluded might create difficulties 8. This is particularly true where companies have their physical place of business outside the EU because of tax reasons, e.g. Bahamas. Agreements can be concluded anywhere where there is access to the internet. ![]() Therefore the place of performance does not necessarily present the proper forum under the Brussels Convention, although it has to be stressed that the aforementioned conventions are only in force among EU-member states and the gates of legal uncertainty are wide open beyond these boundaries. A solution on a merely European level in a Fortress Europestyle would be short-sighted and just a first step from a methological point of view. Public, tax and criminal law involve more intrinsic political questions that vary from country to country. Moreover, companies tend to have sufficient resources to hire lawyers to overcome legal uncertainties. Uniform law will not only protect consumers but also create legal certainty for the global village at large. German and European approaches will shed light on the status quo whereas the comparative look into US law will show the marshy ground on which even the most computerized society stands when it comes to proposals for internet regulation. The prestigious project of promulgating a new Article 2B of the Uniform Commercial Code (UCC) for transactions in information was surprisingly stopped and replaced by a proposal for a Uniform Computer Transactions Act (UCITA), drafted by the National Conference of Commissioners on Uniform State Law, which is also not yet in force 11.
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