Michael Rustad

This chapter covers hardware contracts between organizations that do not manufacture computers. Although Section 6.02 discusses a number of cases in which leases between manufacturers and users are involved, special aspects of lease agreements are considered in Section 5.03. Section 6.02 is based upon a “lease” (FORM 6.02-1) from a third party that has acquired title to the hardware, and is financing the user. Whether such a document is a lease or a security transaction is discussed in Section 6.02[1][b]. The principal provisions of Article 2A that apply to computer leases are discussed in this section. Computer equipment is usually leased for a shorter period than other equipment because of continual technological improvements. Computer leases may be as short as a year or run from two to three years. Leasing computer equipment is often preferred because companies can keep abreast of technological developments without incurring huge capital costs. Section 6.03 is based on a contract (FORM 6.03-1) between a middlemen — OEM, ISO, or VAR so-called — and a user under which the middleman undertakes to deliver a System: hardware and software, customized for the specific user. Section 6.04 discusses the law applicable to sales of hardware at retail. No sample contract form is provided because the usual bill of sale does not differ substantially (if at all) from the standard bill of sale for a household appliance. Section 6.05 discusses contracts for used computers (FORM 6.05-1 is an example) and some of the particular problems encountered in these transactions, especially the problems the buyer may face. For an analysis of U.C.C. Article 9 and bankruptcy issues concerning software and computer systems, see Michael L. Rustad, Chapter 9: Understanding Secured Credit and Bankruptcy Issues in Michael L. Rustad, Software Licensing (Lexis/Nexis IP Law & Strategy Series (2015). This chapter is from Computer Contracts, a five volume treatise by Michael L. Rustad and published by Matthew Bender. This treatise covers the full range of contracts for buying, selling, leasing, and licensing hardware, software and services, with legal analysis, sample clauses and complete contracts. This multi-volume treatise provides a clause-by-clause examination of a wide range of documents, with background material and the full text of the agreement or clause under discussion.

Chapter Eight provide a practice tips for coping with cloud computing. Cloud computing is an on-demand computing paradigm where clients remotely access software applications and data available over the Internet. Cloud computing includes the use of Internet-based computing, storage and connectivity for a variety of different services. A cloud provider’s virtualization infrastructure assessment provides end-to-end views of existing resources, including servers (both physical and virtual), applications and storage. Chapter 8 is from Michael L. Rustad's Software Licensing (2015 edition).

... Danielle Bouvier, Shannon Downey, Brian Elworthy, Kara Frato, Ellen Garnett, John Hebb, Conway Kennedy, Leah Levy, John Martin, and Zachary Piccolimini ... The seamy side of the Internet is that this exciting new forum of communica-tions is also an instrumentality for gender ...

Punitive damages are portrayed as the unpredictable nine-hundred-pound gorilla of our civil justice system ever ready to wreak havoc on corporate America. ' A recent insurance company report entitled "Tort Excess 2004 " asserts: "The possibility of a corporation

© 1995 Michael Rustad & Lori E. Eisenschmidt. t Professor of Law, Suffolk University Law School; LL.M., 1986, Harvard University; J.D., 1984, Suffolk University Law School; Ph.D., 1981, Boston College. Prof. Rustad teaches courses in commercial law, torts and high technology law. He is a member of the American Law Institute and a Task Leader of the ABA Business Law Section's Subcommittee on Software Contracting. He is Co-Chair of the Task Force on General Provisions of the Proposed U.C.C. Article 2B on the licensing of intangibles. tt J.D. Candidate, 1996, Suffolk University Law School; B.A., 1985, University of South Florida. Ms. Eisenschmidt co-authored working papers on tort law and security with Professor Rustad for the ABA Science and Technology Section's Law and Ethics on the 'Nets project ("Project LEON") in the Spring of 1995. The authors gratefully acknowledge the exhaustive technical consultation and review provided by Harold H. Leach, Jr., J.D., LL.M...

The Global Internet Law in a Nutshell begins with a review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. It briefly covers the history of the Internet through the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing including social media terms of use, the protection of online intellectual property assets, global consumer law, the protection of online privacy, criminal liability for Internet activity, and European Community statutes such as the General Data Protection Regulation, E-Commerce Directive, Brussels Regulation, and Rome I Regulation. The Third Edition presents a concise discussion of cloud computing and social media terms of use. Each chapter of this revised edition updates the key cases and statutory developments from the United States, Europe, and around the world. This book is an ideal beginning textbook as well as starting point for most Internet-related research. This short treatise provides a succinct summary of e-commerce law developments around the world.

ABSTRACT This article is drawn from my talk on the topic of "How to Teach Disaster as Part of a Torts Curriculum" at the AALS Workshop on Torts, Environment and Disaster from June 8-10, 2012, in Berkeley. This piece draws upon an informal survey I conducted in the spring of 2012 on how torts teachers employed the BP oil spill disaster (and other disasters) in their basic torts course (to illustrate topics such as the economic loss rule, legal causation, damages, and the impact of safety regulations).

Abstract Women in Khaki is the first sociological study of experience of the first generation of American women to enlist in the U.S. army in large numbers. After the family and educational institutions, the military is the most important socializing institution in American society. From 1948 to the early 1970s, U.S. women were employed in less than one percent of military jobs. When women did participate in the military, they served in low-status ancillary roles or worked as military nurses or clerical workers. Beginning in the mid 1970s, the role of women in the military changed dramatically and enlisted women increasingly served in de-differentiated roles. By July 1, 1973, the draft was replaced by the all-volunteer military. By the mid-1970s, the U.S. military was turning to large numbers of relatively well-educated women to enlist in the volunteer military because of the difficulty of recruiting high quality men in sufficient numbers. The number of women increased from 40,000 in all services in 1972 to 200-,000 women serving in the active forces. This expansion placed women in traditionally-all male domains such as the artillery, telecommunications, mechanical maintenance, and the Signal Corps. Michael Rustad's book, Women in Khaki, is an ethnography of a large garrison community that he calls KhakiTown in Germany where large numbers of women worked in the Signal Corps. Chapter One is a historical and cross-cultural study of the history of women in the military. Chapter Two examines the reasons why the U.S. military expanded its deployment of women during the early years of the volunteer military. This chapter compares the Defense Department ideology about the military as an equal opportunity employer with the less acknowledged reasons for expanded women soldiers. Chapters Three through Seven present an ethnography of male-female relations in Khaki Town. Rustad contends that there were two armies--His and Hers. His army was an occupation that was stressful for males who experienced work/family interference, but Her Army was all of the His Army stressors plus the problems of being token females in the Signal Corps. Chapter Four outlines the problems of female tokenism in Khaki Town and chronicles the social injuries of being alone or nearly alone in a male-oriented garrison community. I develop a paradigm of female accommodations drawn from indepth interviews with women soldiers working in the field. As a response to tokenism women soldiers coped by two broad patterns of under-achievement and over-achievement. The under-achieving accommodation was when women soldiers coped with status inconsistencies by highlighting subservient roles such as (1) Daddy's Little Girl; (2) The Sex-Pot, or (3). Mama. The relatively few over-achievers took on roles such as "Super-Soldier" and the "The Lone Ranger of Women's Liberation." Chapter Five is a field study of how male soldiers in the Signal Corps in Khaki Town resisted the assimilation of women in their units. Chapter Six describes how women in the soldiers shared common grounds with Max Weber's concept of the pariah group. Chapters Six and Seven bring together observations from the field study to recommend social policies to help women attain equal status in traditionally-male military specialties. The Appendices describe how I was able to conduct my field study of women and men in the Signal Corps for such an extended period. In 1997, Judith Mann in a column called, The Lords of Brutality, in the Washington Post noted how my book predicted problems that women faced in the Virginia Military Institute, West Point, and other traditionally-male enclaves in the military. She wrote: "Michael Rustad, a professor at Suffolk University Law School, in Boston, predicted the problems women would confront in the military in his 1982 book, "Women in Khaki: The American Enlisted Woman." Rustad found patterns of isolation and powerlessness on the part of women when men outnumbered them by more than 10 to 1." This book was originally published by Praeger Publishers in 1982.

Abstract: Decades from now, we will remember 2010 for the BP oil spill and the year 2011 because of a slow recovery from the steepest economic downturn since the Great Depression of the 1930s. Nevertheless, it is reasonably certain that intellectual property ( ...

Abstract: Software licenses are important for all business lawyers whether they are transactional lawyers or litigators. Software Licenses: Principles and Practices provides attorneys, business executives, software engineers, and law students with the latest legal ...

Publikationsansicht. 4449024. The social functions of punitive damages and the law of evidence / (1986). Rustad, Michael. Abstract. Typescript (photocopy).. Thesis (LL. M.)--Harvard Law School, 1986.. Includes bibliographical references. Details der Publikation. ...

ABSTRACT This clear, handily organized primer is ideally suited for law students or lawyers who need a brief exposition of the core cases and statutes shaping Internet law, technologies, and policies. The book begins with a clear review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. The book covers a broad array of Internet law topics including the history of the Internet to the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing, the protection of online intellectual property assets, the protection of online privacy, criminal liability for Internet activity, and European Community Directives such as the E-Commerce Directive, Brussels Regulation, and Rome I Regulation. This nutshell is the first student outline, study guide, or brief exposition of the law of the Internet. The emphasis on topics such as licensing and e-commerce transactions makes it an indispensable legal resource for anyone who works online, including high-tech and e-commerce companies, old economy businesses with websites, Internet developers, software programmers, graphic artists and individuals with websites.The Preface, Outline, and Chapter One are available to download here.

Page 1. International Interactions Vol. 2, pp. 207-216 ©1976, Gordon and Breach Science Publishers Ltd. Printed in the United States of America MILITARISM, RELIGIOSITY AND PSYCHOPATHOLOGY: SUBJECTIVE IDENTIFICATION VS. STRUCTURAL AFFILIATION1 ...

This Article employs a content and statistical analysis of 329 terms of use (TOU) of social networking sites (SNS) to report findings from this first empirical study of these online “contracts.” Social media terms of use present two primary challenges to the law of contracts; first, they are excessively one-sided in favor of the SNS and second, the key clauses are well beyond the reading comprehension level of the average social media user. Part I provides a systematic overview of the characteristics of our sample of the world’s largest social network providers, a diverse group of websites that are headquartered in forty different countries on four continents. Part II assesses the overall readability of these social networks’ TOU, finding that they are written at an average reading level of grade 11.7, significantly above the eighth to ninth grade reading level of the typical U.S. high school graduate. More importantly, the minimum reading level required to comprehend what we call the rights-foreclosure clauses — the mandatory arbitration, limitation of liability, and disclaimer of warranty provisions — is much higher. Social network providers draft rights-foreclosure clauses slightly below the reading level of the average college graduate; grade 15.5. This statistical finding casts doubt on a fundamental premise of the law of online contract formation, that an opportunity to review is sufficient to indicate contractual consent.Part III provides a content analysis of the qualities of the ninety-four arbitration clauses deployed by the 329 social media sites. Twenty-nine percent of all SNS (U.S. and foreign) require consumers to accede to arbitration, often in distant forums, where the cost of filing and travel far exceeds the capped damages and limited remedies afforded to the consumer. Forty-two percent of the U.S. headquartered sites mandate arbitration, while only thirteen percent of the foreign social media sites have any arbitration option. The mean arbitration clause required a reading comprehension level of grade 15. Our research shows that while hundreds of millions of consumers are subject to arbitration clauses in social media TOU, consumers filed less than ten arbitration cases in the past two years with the American Arbitration Association or JAMS, the two leading arbitration providers. This miniscule rate of arbitration filings is strong unobtrusive evidence that arbitration in SNS cases is neither cost-efficient nor a practical remedy for injured consumers. The cryptic arbitration clauses deployed by social media providers are consistently one-sided and fail to give users ample warning that they foreclose all realistic remedies for breach of contract, torts, intellectual property infringement or other causes of action.Part IV uses the statistical findings presented in the earlier Parts to demonstrate that social networks’ TOU frequently violate nine standard provisions of the European Union’s (EU) Unfair Contract Terms Directive (UCTD) by including terms that are black listed in the EU as fundamentally unfair. We recommend that Congress enact EU-style procedural and substantive mandatory terms to address the fundamental unfairness of TOU rights-foreclosure clauses such as forced arbitration, total warranty disclaimers, and damages capped to a nominal amount. To address the problem of impenetrable TOU, providers should be required to draft TOU with a minimum readability level coupled with standardized disclosures. We also propose that Congress enact black lists of prohibited clauses and grey lists of suspect provisions modeled on the European Union’s Unfair Contract Terms Directive. Harmonizing or localizing social network consumer protections will ultimately lead to greater certainty for providers as well as protect the basic rights of global social media users.

Below are the principal features of Global Information Technologies: Ethics and the Law: (1) This book employs clear, accessible language to apply ethics, law, and technologies to the most contemporary dilemmas confronting information age professionals. (2) The book introduces five alternative ethical perspectives and applies them, in every chapter, to contemporary and future disputes, created by the rapid advances in information technology. (3) This text provides an in-depth exploration and analysis of how ethical issues impact legal decisions, statutes, and public policy. (4) Many computer ethics books present brief case synopses, but no other computer ethics book demonstrates the correlation between law and ethics in such compelling case studies. (5) This book includes the hottest topics in computer law and ethics: computer security, data protection, electronic monitoring of email and Internet usage, open source contracts, computer viruses, hacking, privacy, Internet security, cybercrimes, cyberbullying, intellectual property law developments, domain names/trademark conflicts, and software patents. (6) We introduce key global legal developments in every chapter such as the rules of cross-border jurisdiction, choice of law, the EU’s 2018 General Data Protection Regulation, Safe Harbor 2.0 enabling data transfers to the U.S., the Unfair Contract Terms Directive, and Moral Rights. (7) Textboxes in every chapter call students’ attention to case studies, documents from official sources, and recent legal developments. Pictures, tables, and charts help make this book accessible. (8) With a unique blend of ethical theories, legal cases, application, and public policy, each chapter underscores why an understanding of legal and ethical principles is critically important for success in the information technology field. Each chapter presents multinational cases that highlight contrasting legal and ethical perspectives across the globe. (9) Students learn that computer science is not purely a technical field, but requires professionals who can grasp and apply moral, legal and social implications to resolve rapidly evolving dilemmas. (10) Classroom-tested study and discussion questions are presented at the end of each chapter. (11) A book website with PowerPoints for each chapter, sample examination questions, and a 350-page glossary of legal and ethical terms used in the book will be provided to aid the instructor and students. Our online instructors’ guide contains a list of useful websites, suggestions for further reading, and resources for effectively using this book.

This Article examines the implications of the Google Spain case as well as the full-blown impact of the proposed GDPR that is estimated to go into effect in the European Union in 2017. The central problem with the right to be forgotten as conceptualized by the CJEU and the Commission is that the expansiveness of the right threatens to cannibalize free expression. Thus, this Article calls for a shrinking of the right to be forgotten to appropriately balance the right of data subjects to control personal information about themselves with free expression and the public interest in preserving history. We propose that the EU Commission operationalize free expression by narrowing the right to be forgotten for private persons, public officials, and public figures. Private persons will have the right to delete links to their own postings and repostings by third parties. They will have a right to delete links to postings created by third parties upon proof that the information serves no legi...

Most law school courses on Internet law are U.S.-centric with almost no coverage of foreign or international developments. To update Benjamin Franklin, our cause is not the cause of all countries connected to the Internet. The rapid expansion of the global consumer marketplace creates inevitable clashes between diverse legal traditions about legal norms. E-commerce companies, which are highly dependent on proprietary software, have gone global and therefore need a sophisticated familiarity with the legal regimes of multiple nations. As social media sites increasingly target consumers in Europe and beyond, corporate counsel and outside lawyers need to keep abreast of worldwide trends in consumer law to avoid costly cross-border litigation, fines, and regulatory actions. Where to begin in explaining a topic as vast as global Internet law? The global perspective is important because the Internet is, by definition, not just a U.S. information technology. There is an inherent problem in writing about the omnipresent Internet, which is continuously in the process of becoming — a moving stream, not a stagnant pond. The Internet is relentlessly transforming all aspects of law. The Second Circuit explained the unique issues of Internet-related trademark law by noting that "attempting to apply established trademark law in the fast–developing world of the Internet is somewhat like trying to board a moving bus." It is not just U.S. lawyers that need to keep up with Internet developments and understand the technologies. Internet Law can no longer be U.S.-centric. This is the first Internet law treatise to take a global perspective of all the big issues such as civil procedure, contracts, cybertorts, cybercrimes, intellectual property law in cyberspace, and consumer law.The Table of Contents and Chapter 2, Perspectives on Global Internet Law, are available to download.

Abstract: Neo-conservatives often employ the theme of personal responsibility to marginalize plaintiffs seeking compensation for mass torts. For example, the tort reformers use techniques of blaming the victim successfully in defending tobacco products liability ...