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|DIRECTIVE 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees +||<u>Art. 1(2)(b): ''“consumer goods: shall mean any tangible movable item”''. The question is therefore if the Directive can apply also to digital content supplied through the Net, and not on a tangible medium like CDs, DVDs etc.</u> +|
|I Contratti di Internet. Sottoscrizione, Nuovi Contratti, Tutela del Consumatore, Privacy e Mezzi di Pagamento +||the contract often states that the provider isn't able to guarantee an uninterrupted service, which is an unfair clause. +|
|Internet of Things. Applicazioni, sicurezza e riservatezza dei dati personali +||N.B. '''Today, device connectivity (also when these devices are "traditional objects" equipped with computational capacities) is a requirement, an essential feature, and not an extra.''' +, ''"Of course, there is always the “dumb” option. Users may have the ability to disable data collection, but it comes at a cost. The device will not function properly or allow the use of its high-tech features. This leaves consumers with an unacceptable choice between keeping up with technology and retaining their personal privacy."'' +|
|IoT Design Manifesto 1.0. Guidelines for Responsible Design in a Connected World +||We design things for their lifetime. Currently physical products and digital services tend to be built to have different lifespans. In an IoT product features are codependent, so lifespans need to be aligned. We design products and their services to be bound as a single, durable entity. +|
|LG Will Take The 'Smart' Out Of Your Smart TV If You Don't Agree To Share Your Viewing And Search Data With Third Parties +||The use of most of the smart features of the TV requires the creation of an LG SmartWorld Account: ''"For example, some of our services require that you become a member of LG SmartWorld, which may be subject to separate terms. You may join LG SmartWorld either through your LG Smart TV or by other means, such as through certain LG websites. This Membership Information may include your user ID, password, telephone number, name, date of birth, gender, email address, address, social networking service ID, security question answers, purchase history, and related payment information, such as credit card information or details of your PayPal account and more."'' +|
|Report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the implementation and effects of Directive 91/250/EEC on the legal protection computer programs +||''“lawful acquirer” did in fact mean a purchaser, licensee, renter or a person authorised to use the program on behalf of one of the above'' +, ''In the view of the Commission, what was intended by Article 5 (1) and recital 18 was that it should not be possible to prevent by contract a “lawful acquirer” of a program doing any of the restricted acts that were required for the use of the program in accordance with its intended purpose or for correcting errors. It is, however, possible for a contract to include specific provisions that “control” the restricted acts which may be carried out by the user of the computer program.”'' +|
|Unfair Contract Terms in European Law. A Study in Comparative and EC Law +||Because of the difficulty to assess the unfair character of a term on the basis of the general definition of article 3, there is an Annex to the Directive 93/13/EEC, which contains an indicative and non-exhaustive list of unfair terms (p. 4: NEBBIA states that those clauses can be clustered in four categories: 1) terms giving a party the control of the terms of the contract or of the performance of the contract (i, j, k, l, m, p); 2) terms determining the duration of the contract (g, h); 3) terms restraining a party to have the same rights as the other (c, d, f, o); 4) exemption and limitation clauses (a, b, n, q)). <u>Clauses J (terms that enable the provider to alter the contract unilaterally without a valid reason) and G (terms that enable the provider to terminate a contract of indeterminate duration without reasonable notice) may be particularly useful in the context of IoT products. However, pay attention to the fact that paragraph 2 letter (b) of the Annex states: ''“Subparagraph (j) is also without hindrance to terms under which a seller or supplier reserves the right to alter unilaterally the conditions of a contract of indeterminate duration, provided that he is required to inform the consumer with reasonable notice and that the consumer is free to dissolve the contract”''.</u> +|