A Study on Legal Issues of Digital Goods under Consumer Protection Law

• Main Authors: Yin-ting Chen, 陳映諪
• Other Authors: Shu-li Wu
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/42817130164521490300

碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 101 === By the time goes into digital era, there are much more digital goods and much more trading styles emerging in our society. In the past, we can only have tangible channel to access product that we would like to approach, yet now we have intangible way such as internet, computer programs and various applications to obtain what we need. Recently, due to the development of smart phone and wireless internet, digital goods are not only restricted within entertainment function but also exert their effect on traffic, social and communication purposes, therefore, digital products are less likely to be separated from our daily life. However, public is easily to face problems when they use these kind of new purchasing channel, especially they do not know how to relate their difficulties with Consumer Protection Law. As digital goods is a new type of goods, no matter of its attribution, trading method, regulation…etc., those are slightly different from traditional goods and channel. In short, this thesis will discuss that whether the current Consumer Protection Law is suitable and ideal to include digital product in. Before we get into depth discussion, it is necessary to identify the following points. The first one is that whether digital goods have the right of property. Secondly, how can digital goods fits into the conditions of things. Thirdly, the both bodies of trading behavior need to be business operators and consumers. Lately, digital product is classified as either goods or service. While those points are clearly indicated, Consumer Protection Law gets into the stage of regulation. Additionally, in 2011, the development of Consumer Protection Law had been stimulated by conflicting on internet trading issue. From arguable views occurred from that issue in 2011, problems such as conditions of Mail Order Purchase, Absolute Right of Withdrawal and related problems which might come with on-line purchasing are emerged. Moreover, the thesis will compare the draft amendment, which is current experiencing edition and alteration by Executive Yuan and legislators, with the cases study overseas in order to advise and go further to perfect Consumer Protection Law. Ultimately, the author will summarize the article by providing suggestions and conclusions. It is also expected that people can enjoy the convenience of digitalized trend and pleasure of entertainment purpose without many considerations in near future.