Contracts

A Limit on Licensing Agreements

by Joshua Auriemma February 2, 2009 Geekery

I made a post to GamesLaw recently discussing the recent MDY v. Blizzard decision from last week. As I hit crunchtime for my hopefully forthcoming law review Comment, I am increasingly infuriated with the insane power afforded to software developers. Why is it so difficult to argue that a contract term like, “we reserve the [...]

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Wal-mart didn’t use enough lube this time

by Joshua Auriemma March 31, 2008 Life

It’s been a while since I’ve posted. My time management has been slightly lacking this semester. In addition to my normal hectic 1L schedule, I’ve also picked up an extra class (internet law) and I am now the research assistant to one of the smartest professors at the law school — which is great, but [...]

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The “Grip It And Rip It” Rule

by Joshua Auriemma March 5, 2008 The Lighter Side

I just made $5 by incorporating the phrase “grip it and rip it” into my discussion of a case in contracts. Let it be known that the theory of placing the victim in the position he was in before the contract was made shall be henceforth known as the “Grip It And Rip It” Rule. [...]

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Law of Rewards in Contracts

by Joshua Auriemma January 31, 2008 Law School

¬†Welcome to Part II of my “Misinformation from Contract Class” series. Today’s installment revolves around the legal theory of rewards. In essence, a reward is simply a unilateral contract — meaning there is an agreement to pay for a service. Let me give a quick hypo to illustrate what we were told in class: Doggy [...]

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Is Software a “Good?”

by Joshua Auriemma January 24, 2008 Law School

I was sitting in my contracts class yesterday, listening to one of my erudite classmates discuss ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996), which deals with shrink-wrap licensing in software purchases. I was happily following along with the conversation until the professor began discussing why he felt the court erred in considering [...]

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