tag:blogger.com,1999:blog-5764290.post3614159147816835399..comments2024-03-22T08:01:16.236-04:00Comments on Rebecca Tushnet's 43(B)log: Outsourcing of course catalogs, false advertising, and copyrightUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5764290.post-5199727745115027322012-10-29T07:34:01.941-04:002012-10-29T07:34:01.941-04:00Court opinion on Summary Judgment granted in favor...Court opinion on Summary Judgment granted in favor of AcademyOne http://www.gpo.gov/fdsys/pkg/USCOURTS-paed-2_10-cv-03542/pdf/USCOURTS-paed-2_10-cv-03542-4.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5764290.post-87830716465405911712011-04-28T18:32:01.612-04:002011-04-28T18:32:01.612-04:00Interesting point--I'm not much up on the cont...Interesting point--I'm not much up on the contractual details, though my impression is that competitors often get stuck with ToU that look unenforceable, whereas courts are more demanding before applying similar ToU to consumers.RThttps://www.blogger.com/profile/00850241338827117087noreply@blogger.comtag:blogger.com,1999:blog-5764290.post-23598960508573402922011-04-28T17:32:32.230-04:002011-04-28T17:32:32.230-04:00Even if you could say such unilaterally presented ...Even if you could say such unilaterally presented TOU form a contract--which seems a bit up in the air--I think CollegeSource drafted their way out of an enforceable agreement here. Their TOU look like they are talking about granting a license to copyrighted material, not attempting to bargain for nonredistribution (in return for...?) as a matter of contract law. If you attempt to condition actions on rights that don't exist, I think the contract fails either for lack of consideration or lack of assent (it's reasonable to think you don't have to assent to terms when you know there is no consideration behind them).Bruce Boydenhttps://www.blogger.com/profile/02247768315353108904noreply@blogger.com