CEU Electronic Theses and Dissertations, 2015
| Author | Bencova, Jana |
|---|---|
| Title | DRM and Consumer Protection in E-commerce Transactions: A Comparative Study of the EU and the US Legal Framework |
| Summary | This thesis studies consumer protection in e-commerce transactions against the negative effects of digital rights management (‘DRM’) technologies and analyzes the main differences, similarities and tendencies of the legal regulation in the EU and the US. Due to the characteristics of the subject, the methodology selected to carry out this research analysis is the functional method of comparative law. The thesis first outlines specific characteristics of digital content and DRM, and the negative effects they may have, inter alia, on the consumers’ right to access and use digital content, the fair use of a copyrighted material, the interoperability and functionality of digital content, or consumers´ privacy. Then it defines provisions applicable to e-commerce consumer transactions with regard to supply of digital content. Subsequently, it focuses on key aspects of consumer protection, namely information obligations, the right of withdrawal and the rules against unfair terms and practices, comparing the solutions provided by EU and US laws. The thesis finds that although relevant provisions in the two selected jurisdictions are different, their effects are functionally similar. The possibility to withdraw from a contract for the supply of digital content (or to cancel the contract) is limited in both cases, which from the point of view of a consumer increases the importance of pre-contractual information disclosure. Courts in both jurisdictions examine procedural and substantive unfairness and although the procedural unfairness in e-commerce consumer transactions is presumed due to prevailing use of non-negotiated terms, the presence of both procedural and substantive unfairness is rarely found. |
| Supervisor | Sganga, Caterina |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/bencova_jana.pdf |
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