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Digital Content Contracts for Consumers

Author

Listed:
  • N. Helberger
  • M. Loos
  • Lucie Guibault
  • Chantal Mak
  • Lodewijk Pessers

Abstract

The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services” and, more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer law. This paper explores the extent to which consumer (contract) law is fit to address the problems faced by digital consumers wishing to enjoy the benefits of digital content and examines whether the on-going initiatives at national and European level are likely to provide relief. Finally, recommendations for improvement are put forward in cases where the analysis shows that the problems identified are not or are insufficiently solved by these initiatives. Copyright The Author(s) 2013

Suggested Citation

  • N. Helberger & M. Loos & Lucie Guibault & Chantal Mak & Lodewijk Pessers, 2013. "Digital Content Contracts for Consumers," Journal of Consumer Policy, Springer, vol. 36(1), pages 37-57, March.
    • Handle: RePEc:kap:jcopol:v:36:y:2013:i:1:p:37-57
    DOI: 10.1007/s10603-012-9201-1
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    References listed on IDEAS

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    1. Yannis Bakos & Florencia Marotta-Wurgler & David R. Trossen, 2009. "Does Anyone Read the Fine Print? Testing a Law and Economics Approach to Standard Form Contracts," Working Papers 09-04, NET Institute, revised Aug 2009.
    2. Lucie Guibault, 2008. "Accommodating the Needs of iConsumers: Making Sure They Get Their Money’s Worth of Digital Entertainment," Journal of Consumer Policy, Springer, vol. 31(4), pages 409-423, December.
    3. Helberger, Natali & Kerényi, Kristóf & Krings, Bettina & Lambers, Rik & Orwat, Carsten & Riehm, Ulrich & van Gompel, Stef & Dufft, Nicole, 2004. "Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations," MPRA Paper 6641, University Library of Munich, Germany, revised Nov 2004.
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    Cited by:

    1. A. Daly & A. Scardamaglia, 2017. "Profiling the Australian Google Consumer: Implications of Search Engine Practices for Consumer Law and Policy," Journal of Consumer Policy, Springer, vol. 40(3), pages 299-320, September.
    2. Norbert Reich, 2014. "Natali Helberger, Lucie Guibault, Marco Loos, Chantal Maak, Lodewijk Pessers, Bart van de Sloog: Digital Consumers and the Law—Towards a Cohesive European Framework," Journal of Consumer Policy, Springer, vol. 37(1), pages 143-145, March.

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