Регулирование и защита прав потребителей цифрового контента в США, Великобритании и Франции ; Regulation and protection of the consumer rights for digital content in the US, UK and France ; JAV, JK ir Prancūzijos skaitmeninio turinio vartotojų teisių reglamentavimas ir apsauga
In: http://oai.elaba.lt/documents/59730528.pdf
This paper discusses the main nuances associated with the implementation and protection of consumer rights to the digital content. In particular, the main regulatory legal acts of the national and, if possible, supranational level will be considered, license agreements with the consumer will also be considered. Within the framework of these legal acts, the basic rights of the consumer, the rights of the campaign and possible ways of resolving disputes will be established. Also in this paper, specific examples of paragraphs of user agreements and their relationship with the legislation of the countries in question will be given. Examples of court decisions regarding consumer protection of digital content will be provided. Also, these decisions will be analyzed, in which cases of violation of consumer rights will be presented, and how the court applied national law to relations containing a foreign element between the consumer and the seller. Also, based on an analysis of the national law, supranational law, paragraphs of user agreements and court decisions, I will provide a list of recommendations for the further development of legal norms in this area and recommendations to administrative bodies and independent organizations. The purpose of this work is to demonstrate two things: the availability of modern law that meets the basic changes of our time is not a guarantee of observing consumer rights in the following cases: when companies engaged in cross-border or transnational activity do not make the necessary modifications of user agreements; administrative bodies and citizens are inactive, as a result of which the courts do not make decisions that would establish justice in this matter.