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Looking back to see ahead: the changing face of users in European e-commerce law

Looking back to see ahead: the changing face of users in European e-commerce law The ubiquity of the Internet has given rise to new hybrid types of online users such as hybrid consumers and prosumers. This paper looks at some of the new legal challenges raised by the exciting opportunities for active participation and co-creation by such users in electronic commerce transactions. The method employed, in homage to Jon Bing, is to look back in time to understand how users in sales transactions have been progressively regarded—alternatively exposed to risk, alternatively protected—and how contract law has adapted to such new developments. The paper shows that, even following the emergence of the hybrid consumer and the prosumer, there are strong arguments for the consumer’s continued protection, not least because of the increase in technological sophistication and complexity. The paper seeks to test somewhat the limits where consumer protection ends and where general contract law—with its attendant doctrines like caveat emptor—would apply again with respect to the aforementioned new users. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Artificial Intelligence and Law Springer Journals

Looking back to see ahead: the changing face of users in European e-commerce law

Artificial Intelligence and Law , Volume 23 (3) – Oct 1, 2015

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Publisher
Springer Journals
Copyright
Copyright © 2015 by Springer Science+Business Media Dordrecht
Subject
Computer Science; Artificial Intelligence (incl. Robotics); International IT and Media Law, Intellectual Property Law; Philosophy of Law; Legal Aspects of Computing; Information Storage and Retrieval
ISSN
0924-8463
eISSN
1572-8382
DOI
10.1007/s10506-015-9170-1
Publisher site
See Article on Publisher Site

Abstract

The ubiquity of the Internet has given rise to new hybrid types of online users such as hybrid consumers and prosumers. This paper looks at some of the new legal challenges raised by the exciting opportunities for active participation and co-creation by such users in electronic commerce transactions. The method employed, in homage to Jon Bing, is to look back in time to understand how users in sales transactions have been progressively regarded—alternatively exposed to risk, alternatively protected—and how contract law has adapted to such new developments. The paper shows that, even following the emergence of the hybrid consumer and the prosumer, there are strong arguments for the consumer’s continued protection, not least because of the increase in technological sophistication and complexity. The paper seeks to test somewhat the limits where consumer protection ends and where general contract law—with its attendant doctrines like caveat emptor—would apply again with respect to the aforementioned new users.

Journal

Artificial Intelligence and LawSpringer Journals

Published: Oct 1, 2015

References