A Study on the Legal Issues of Computer Software License Contracts

• Main Authors: LIU, CHEN, 劉蓁
• Other Authors: WU, SHU-LI
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/08668405585790909463

碩士 === 國立高雄第一科技大學 === 科技法律研究所碩士班 === 105 === Computer software sellers usually enter into contracts with their consumers by shrink-wrap licenses to meet huge demand from the market. Shrink-wrap licenses vary because there are different types of trades. As E-commerce keep growing, shrink-wrap licenses of in-store trade has been developed into click-wrap licenses and browse-wrap license. Both types of licenses are parts of contracts drawn up by sellers unilaterally, both parties of the contracts do not negotiate for clauses in it, and it is completely different from traditional way to sign a contract. The sellers may use those clauses to limit consumers’ important rights because the contracts are drawn up by sellers unilaterally. We have to research relating law and rules to find out whether consumers are bound by those clauses. When software sellers try to limit consumers’ rights, is it possible that consumers assert fair use defense if their use of software go beyond the scope of licenses and becomes the fair use in copyright law? This paper examines scholars’ opinions on restrictive clauses in licenses contracts and try to solve the problem arising from copyright law and restrictive clause. Computer software is a digital product which must be traded online. The biggest characteristic of trade online is consumers are not able to examine the products. Consumers in this country are given cooling-off period to protect their rights and they can return the products without any conditions. But it is difficult to return computer software because it has reproducibility. Consumer Protection Act excludes cooling-off period of certain products after it was revised; however, exclusion clauses do not apply to all software. Sellers provide trial edition or trial period so that consumer can examine the products and obtain all information about the software before entering into contracts. It is abuse of right if consumers can return the products. Whether cooling-off period apply in this country remains to be researched. This paper will provide solutions and suggestions to questions and dispute mentioned above in hopes of providing advice when the law is modified or to people trying to solve problems.