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Defending Disclosure in Software Licensing
University of Chicago Law Review
  • Robert A. Hillman
  • Maureen O'Rourke
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This Article surveys prominent kinds of disclosures in contract law—of facts, contract terms, and performance intentions. We show why the disclosure tool, although subject to substantial criticism, promotes important social values and goals, including efficiency, autonomy, corrective justice, fairness, and the legitimacy of the contract process. Further, proposals to replace disclosure with other alternatives are unrealistic because they are too expensive or complex. Our working example is the American Law Institute's Principles of the Law of Software Contracts.
Citation Information
Robert A. Hillman and Maureen O'Rourke. "Defending Disclosure in Software Licensing" (2011)
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