logo

Against Monopoly

defending the right to innovate

Libertarian Perspectives

Monopoly corrupts. Absolute monopoly corrupts absolutely.





Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.


current posts | more recent posts

back


Comments

Good post, much to think about.

As I have read many posts concerning the validity of so-called contracts, I have become increasingly radicalized that the "contract", EULA, and/or license in your retail box is not valid. Of course I am not a lawyer and this is my lay opinion.

One aspect of contract law, as you point out, is the "meeting of the minds". When a consumer can't negotiate with a company representative there can be NO meeting of the minds. The simple act of buying a retail product does NOT constitute acceptance of the terms and conditions. In fact, I would advocate that a customer could leave his/her own "contract" with the sales clerk and claim that that is a valid contract. After all, didn't the clerk accept the money thereby binding the company selling the product.

Anyway, this leads me an issue that I have had with some Libertarians. That is that corporations, in the name of doing business, can do whatever they want. The only resource that the consumer seems to have is not to buy the companies products. In the extreme this is manifested by "contract' provisions that say that we can change the terms of the contract anytime we want. Not only that but, if you have something like purchased rented music we can deprive you of that product anytime we want.

If we are to have contracts that mean anything, any company that wants to assert that it has a contract with a customer must have an authorized person at the store who can negotiate with the customer. Companies of course would howl that this would be too expensive. To bad, corporations to not have a right to unilaterally strip the consumer of their rights and must be willing to negotiate.

that making determinations about the nature of a contract, or title transfer, is necessarily a fact-specific, context-bound inquiry. motorola z3
Its always good to learn tips like you share for blog posting. As I just started posting comments for blog and facing problem of lots of rejections. I think your suggestion would be helpful for me. I will let you know if its work for me too. academic writing AND dissertation AND essay
I really love to read articles that have good information and ideas to share to each reader. I hope to read more from you guys and continue that good work that is really inspiring to us research paper AND buy thesis

current posts | more recent posts


Submit Comment

Blog Post

Name:

Email (optional):

Your Humanity:

Prove you are human by retyping the anti-spam code.
For example if the code is unodosthreefour,
type 1234 in the textbox below.

Anti-spam Code
UnoSevenUnoCinco:


Post



   

Most Recent Comments

The right to rub smooth using a hardened steel tool with ridges Finally got around to looking at the comments, sorry for delay... Replying to Stephan: I'm sorry

Let's See: Pallas, Pan, Patents, Persephone, Perses, Poseidon, Prometheus... Seems like a kinda bizarre proposal to me. We just need to abolish the patent system, not replace

The right to rub smooth using a hardened steel tool with ridges I'm a bit confused by this--even if "hired to invent" went away, that would just change the default

Do we need a law? @ Alexander Baker: So basically, if I copy parts of 'Titus Andronicus' to a webpage without

Do we need a law? The issue is whether the crime is punished not who punishes it. If somebody robs our house we do

Do we need a law? 1. Plagiarism most certainly is illegal, it is called "copyright infringement". One very famous

Yet another proof of the inutility of copyright. The 9/11 Commission report cost $15,000,000 to produce, not counting the salaries of the authors.

WKRP In Cincinnati - Requiem For A Masterpiece P.S. The link to Amazon's WKRP product page:

WKRP In Cincinnati - Requiem For A Masterpiece Hopefully some very good news. Shout! Factory is releasing the entire series of WKRP in Cincinnati,

What's copywritable? Go fish in court. @ Anonymous: You misunderstood my intent. I was actually trying to point out a huge but basic

Rights Violations Aren't the Only Bads I hear that nonsense from pro-IP people all the

Intellectual Property Fosters Corporate Concentration Yeah, I see the discouragement of working on a patented device all the time. Great examples

Music without copyright Hundreds of businessmen are looking for premium quality article distribution services that can be

Les patent trolls ne sont pas toujours des officines

Les patent trolls ne sont pas toujours des officines

Patent Lawyers Who Don't Toe the Line Should Be Punished! Moreover "the single most destructive force to innovation is patents". We'd like to unite with you

Bonfire of the Missalettes!

Does the decline in total factor productivity explain the drop in innovation? So, if our patent system was "broken," TFP of durable goods should have dropped. Conversely, since

Does the decline in total factor productivity explain the drop in innovation? I wondered about TFP, because I had heard that TFP was increasing. Apparently, it depends on who

Music without copyright I do agree with all the ideas you have presented in your post. They are very convincing and will