Clicking Away Your Speech Rights: The Enforceability of Gagwrap Licenses

Abstract

Software companies would like to be able to control what their customers and reviewers can say about them and their software. To this end, many include in their license agreements “DeWitt” or “gagwrap” clauses which purport to prevent written reviews or disclosure of benchmark test results involving the software without the manufacturer's consent. While the courts have recognized the enforceability of software licenses to protect manufacturers, they have so far not addressed the enforceability of gagwrap clauses. This article examines gagwrap clauses and examines them in a public policy framework arising from contract and First Amendment jurisprudence. It proposes a test for the enforceability of the clauses that leaves in place many agreements not to speak but renders gagwrap clauses suspect on public policy grounds.     

我对主席指示的十大关系的体会和想到的一些意见(一九五六年八月)

毛主席一九五六年四月二十五日在中央政治局扩大会议上所讲的十大关系问题,关系到国内外的各个方面,是具体贯彻党在过渡时期总路线的方针和政策、运用马克思列宁主义观察问题和分析问题的典范.把这十大关系、十大矛盾解决了,就能够动员一切力量、调动一切积极因素,为我国社会主义建设服务.     

“赣南三整”与“三湾改编”比较研究

＂三湾改编＂和＂赣南三整＂是我军初创时期的两次重要的改编,它们对我党军队的建设和发展、第一个农村革命根据地的建立、中国革命道路的探索都曾发挥过重要作用,因此,对＂三湾改编＂和＂赣南三整＂进行比较研究,分析它们的共性和个性,对新时期党的建设及军队建设仍然具有重要的启示意义。     

IMMIGRATION AND CRIME IN AN ERA OF TRANSFORMATION: A LONGITUDINAL ANALYSIS OF HOMICIDES IN SAN DIEGO NEIGHBORHOODS, 1980–2000*

Emerging research associated with the “immigration revitalization” perspective suggests that immigration has been labeled inaccurately as a cause of crime in contemporary society. In fact, crime seems to be unexpectedly low in many communities that exhibit high levels of the following classic indicators of social disorganization: residential instability, ethnic heterogeneity, and immigration. But virtually all research conducted to date has been cross-sectional in nature and therefore unable to demonstrate how the relationship between immigration and crime might covary over time. This limitation is significant, especially because current versions of social disorganization theory posit a dynamic relationship between structural factors and crime that unfolds over time. The current study addresses this issue by exploring the effects of immigration on neighborhood-level homicide trends in the city of San Diego, California, using a combination of racially/ethnically disaggregated homicide victim data and community structural indicators collected for three decennial census periods. Consistent with the revitalization thesis, results show that the increased size of the foreign-born population reduces lethal violence over time. Specifically, we find that neighborhoods with a larger share of immigrants have fewer total, non-Latino White, and Latino homicide victims. More broadly, our findings suggest that social disorganization in heavily immigrant cities might be largely a function of economic deprivation rather than forms of “neighborhood” or “system” stability.     

Contested hybridization of regulation: Failure of the Dutch regulatory system to protect minors from harmful media

The hybridization of regulatory modes and instruments is currently a popular way to improve public regulation. However, it is still unclear whether combinations of hard law and soft law, co-regulation, and legally enforced self-regulation really make regulation more effective. Using the analytical framework of the “really responsive regulation” approach, in this article we explore effectiveness problems in a hybrid regulatory system that tries to protect minors from harmful media. In our analysis of low compliance rates in the context of system failures, we argue that effectiveness problems seem to arise from poorly informed staff members, lack of internal and external controls, low rule enforcement, insufficient overlap between public and private interests, poor social responsibility in the Dutch media sector, deficiencies in the institutional framework, an inconsistent regulatory strategy, and inadequate responses from responsible regulators. Furthermore, based on our case study we argue that institutional dynamics of standard-setting activities can be detrimental to regulatory goal achievement if there is no compensation at the systemic level. Ongoing “regulatory care” through control, corrective responses, and rule enforcement seems to be crucial for a hybrid regulatory system to perform well.     

New evidence on the relationship between democracy and economic growth

It is often maintained that democracy is a luxury which comes at a price in terms of subsequent slower increases in national living standards. However, various recent cross-section studies on economic growth have found evidence that lack of civil and political liberties is negatively correlated with economic growth. Using a new measure of democracy, which is based upon the number of years that a country can be regarded as a democracy, the robustness of this relationship is examined. Both direct and indirect effects of lack of democratic liberties are analysed. Our main conclusion is that the relationship between democracy and economic growth is not rubust.