Startup and video game law, from a Canadian and U.S. perspective


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UI/UX Invalidated your Contract

Online contracts are only effective if implemented correctly.   I’ve written on different processes for implementing online contracts, which is often easier to accomplish in the web context.  In the mobile context, implementation is challenging given the need to balance user experience with contract formation. How you structure contract formation in your mobile application involves negotiation between...

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Implementing Terms of Service and Other Electronic Agreements

All too frequently, Terms of Service, Terms of Use and End User License Agreements (see our post on the differences between each) are found unenforceable when challenged in court because the agreements are not properly implemented. To simply describe the implementation process (see our post on the technical aspects):  Present the agreement to the user;...

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Incorporating Online Agreements into a Printed Contract

While many agreements are entered into online, some online companies continue to operate partially offline.  Challenges arise when offline contracts require agreement to an additional online contract, such as a Terms of Service.  This is not to say that offline contracts can’t incorporate online contracts, rather, the online contract must be properly presented to the user...

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Using the DMCA to Limit Liability for 3rd Party Copyright Infringement

Worried about lawsuits resulting from 3rd parties infringing copyright through your website or application?  The US Digital Millennium Copyright Act (“DMCA“) may be a solution!  The DMCA contains a safe harbour that protects online service providers from liability for copyright infringement committed by 3rd parties on/through the service.  At the outset, you should already qualify...

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