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Internet Governance by Contract$
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Lee A. Bygrave

Print publication date: 2015

Print ISBN-13: 9780199687343

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780199687343.001.0001

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The Predilection for Contract

The Predilection for Contract

(p.28) 3 The Predilection for Contract
Internet Governance by Contract

Lee A Bygrave

Oxford University Press

The chapter first provides an overview of the contractual regimes that are used to govern the Internet, explaining that contract was the principal legal tool used by US government agencies to fund efforts of the scientific research community in developing the Internet and its precursors. It then outlines a basic typology of the contracts involved. Finally, it explains the popularity of contract as a governance mechanism in the online world. The chapter also highlights the fuzzy lines that distinguish contracts from other normative instruments, using ‘open source’ licenses as a case study.

Keywords:   cloud computing, open source licenses, modularity, boiler plate, adhesion contracts, contractual networks, relational contracts

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