Opinion: E-Contracts && IP

 

The essential component of any contract is Consideration in return; unless and until it is restricted to charity, gifts, family affections etc. Now, unless any organization is registered as a non-profit, or, there’s a family affection involved; generally, there must be some kind of consideration involved; until further that isn’t in contravention to any laws of the land, for eg., in case of minors being the signatory, or, unlawful purposes, etc.

Now, if we converge both the E-Contracts && IPR; then there’s a relation that can be included, which I presume so far not being taken into account. We’ve mostly three types of E-Contracts: Shrink-Wrap; Browse- Wrap and Click-Wrap. The concerns are w.r.t. Click-Wrap & Browse-Wrap.

Take this example. Let’s say any organization is not registered as a non-profit; and the company mentions that the user by using its features and tools, users’ DATA would be used for the commercial purposes. Now, had that been for the purposes of Research or R&D, or Scientific processes; then that would’ve been acceptable! But imagine, without one-to-one consideration involved, and the DATA being used for the commercial purposes, merely on the basis of Browsewrap or Clickwrap E-Contracts! Right or Wrong? Further, could that been considered as Fair Dealing or Fair Use? And are such things being done in accordance to the BERNE Convention? As that DATA is also used in the Critics Laundering Program, and I’ve already mentioned how that was being executed in several of my previous blogs. Shouldn’t such contracts eventually end up becoming Void Contracts; because in this case, even if the permission has been given, then too, there’s no consideration involved; except using the features; but again, in accordance with which reciprocal treaty, how that DATA was used?

Maybe, I need some counter arguments on this subject, or maybe a great debate (me being part of it), whether the above contentions are viable in the present legal framework or not, or I’m just being too in-verbatim comprehending things, and not w.r.t. the practical approach; and maybe not going through/reading the reciprocal treaties in absolute or carefully of course; thus in that case maybe wrong on the above points made. Yes, I feel something is missing from all sides, on the above position that I’ve contended.

Think about it! 😊

© Pranav Chaturvedi