http://leftleftupup.com/ Sat, 07 Jun 2008 19:20:02 -0500 FeedCreator 1.7.2-ppt DokuWiki http://leftleftupup.com/lib/images/favicon.ico http://leftleftupup.com/ http://leftleftupup.com/home Left Left Up Up technology law wiki wiki Left Left Up Up is a technology law wiki for research in and around games, technology, law, virtual worlds, and virtual communities. Initially created by Nic Suzor. If you think this could be a useful tool for your own research or interest, please help us grow it! nic Fri, 06 Jun 2008 14:33:46 -0500 http://leftleftupup.com/analysis/estoppel_by_failing_to_enforce_the_rules Analysis, eula, tos, virtual worlds, virtual communities, estoppel, enforce, rules Where the proprietor of a virtual community generally fails to enforce the rules, could it be estopped from doing so in any particular instance? Despite a clear contractual right to terminate, a provider may be estopped from terminating in circumstances where it would be unconscionable to do so. In order to prevent the provider from terminating, a participant would have to show that the provider had r… nic analysis eula tos virtual_worlds virtual_communities estoppel enforce rules Wed, 07 May 2008 17:53:07 -0500 http://leftleftupup.com/wiki/user/nic/scratch Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 Commonwealth v Verwayen (1990) 170 CLR 394 Estoppel by failing to enforce the rules nic wiki:user:nic Wed, 07 May 2008 17:52:44 -0500 http://leftleftupup.com/analysis/election_and_affirmation_of_breaches_of_virtual_world_contracts Analysis, eula, terms, election, affirmation, contract It is common practice for the EULAs and ToSs written by providers of virtual worlds to prohibit a broad range of conduct, but to only rarely enforce those prohibitions as written. Could it be possible that by failing to enforce, the provider could be prevented from exercising the right to terminate for breach? For example, if the ToS prohibits rmt, but the provider knows that everyone engages in RMT and generally turns a blind eye, … nic analysis eula terms election affirmation contract Wed, 07 May 2008 16:46:48 -0500 http://leftleftupup.com/cases/renard_constructions_me_pty_ltd_v_minister_for_public_works_1992_26_nswlr_234 case law, contract, construction, implied, term, duty, good faith Court: NSW Court of Appeal Judges: Priestley JA, Meagher JA and Handley JA Date decided: 12 March 1992 This case is considered to have started the development of good faith in Australian contract law. The implication of good faith is a controversial topic, and is far from settled. nic case_law contract construction implied term duty good_faith Fri, 25 Apr 2008 15:20:18 -0500 http://leftleftupup.com/cases/vodafone_pacific_ltd_v_mobile_innovations_ltd_2004_nswca_15 case law, good faith, contract Court: New South Wales Court of Appeal Judges: Sheller, Giles, Ipp JJA Date decided: 20 February 2004 Vodafone was a carrier, and Mobile innovations resold Vodafone services. Pursuant to the contract, Vodafone was required to determine the number of new subscribers it would provide to Mobile to manage: nic case_law good_faith contract Fri, 25 Apr 2008 14:05:57 -0500 http://leftleftupup.com/lluu/edit By editing this page, you agree to license your material under a Creative Commons Attribution-Share Alike (Australia) 2.5 and a GNU Free Documentation License. These are irrevocable licences which allow anyone to copy, modify, and distribute your work. See Copyright for details. nic lluu Fri, 25 Apr 2008 13:59:21 -0500 http://leftleftupup.com/cases/autodesk_v_dyason_1992_173_clr_330 case law, computer program, hardware program, indirect copying Court: High Court of Australia Judges: Date decided: Facts Autodesk created and distributed the AutoCAD package, which included a hardware dongle to avoid piracy. Widget C is a program distributed with the AutoCAD package, which periodically challenges the hardware lock. If the hardware lock returns the correct response, AutoCAD was allowed to continue to run. Dyason, using an oscilloscope to examine the responses of the A… nic case_law computer_program hardware_program indirect_copying Fri, 25 Apr 2008 13:51:02 -0500 http://leftleftupup.com/cases/commonwealth_v_verwayen_1990_170_clr_394 case law, estoppel, waiver, negligence Court: High Court of Australia Judges: Deane J, Dawson J, Toohey J, Gaudron J; Mason CJ, Brennan J, McHugh J dissenting. Date decided: 05 September 1990 In an exercise, the destroyer HMAS Voyager sailed under the bow of the aircraft carrier HMAS Melbourne, and was cut in two and sunk; 82 sailors were killed. Verwayen, a sailor in the Royal Australian Navy, was injured when the two warships collided in 1964. He sued the Commonwealth for negligenc… nic case_law estoppel waiver negligence Fri, 25 Apr 2008 13:35:03 -0500 http://leftleftupup.com/tag/incorporation incorporation Articles that consider the incorporation of contractual terms. These are particularly important for end user licence agreements; not all terms which are written or said will necessarily form part of the contract. You can add this tag to existing pages with the format {{tags>incorporation}}. tag Sat, 12 Apr 2008 16:49:09 -0500 http://leftleftupup.com/cases/alcatel_australia_ltd_v_scarcella_1998_44_nswlr_349 case law, contract, lease, implied, duty, good faith Court: New South Wales Court of Appeal Judges: Sheller JA, Powell JA, Beazley JA Date decided: 16 July 1998 There was a covenant in a building lease to keep the building in “good and substantial repair”. Windeyer J, at first instance, found that the phrase had both a qualitative (good) and quantitative (substantial) meaning. The appellant argued that the phrase meant “substantially good repair”. The Court of Appeal upheld Windeyer J'… nic case_law contract lease implied duty good_faith Thu, 10 Apr 2008 13:28:39 -0500