| Popis: |
Mobile applications (mobile apps or apps) underpin the use of mobile devices as phones, tablets, or watches and enable users to take advantage of the benefits of mobile technology. The ubiquitous nature of apps makes their commercial exploitation immensely important for their owners. The commercial exploitation of apps is dictated by private law, which is traditionally informed by notions of autonomy and freedom of contract. Accordingly, this chapter identifies the role of the various stakeholders involved in the distribution of apps and examines the legal relations formed among them. The focus for the legal interpretation of the relations formed between the stakeholders and for the contract typology classification is both on app stores as online platforms—marketplaces—and on the end user (consumer). The terms and conditions used by app stores, their organizational structure, the types of apps “sold” or “licensed” and the payment methods applied are examined. In terms of exploitation of intellectual property rights (IPRs), this chapter discusses copyright in apps that can be exploited by means of licensing or assignment, while technological protection measures (TPMs) and Creative Commons licenses are also considered. Restrictive license terms used in the context of app distribution are also discussed. The chapter concludes that the existing legal framework is inadequate to deal with the triangular relationships formed and restrictive license terms, and thus there is a need for a proper legal regulation of app distribution via app stores. |
