The expression legal object, will make most eyes glaze over. However, it is far from an optional element to be lopped off a legal discussion. It is actually one of the critical factors in the entire definition of legality. So, what is this concept? In law, a legal object is defined as subject matter that can be purchased or owned, but which are also valuable to society at large. Legal objects include: computers, land, rights, digital goods, etc. Typically when a lawyer attempts to explain terms like this, the concepts are grafted onto legal books, and the reader is left to deduce understanding of the true meaning. This is not a very satisfactory approach to understanding a legal concept. The point here is, when you see the term legal object consider it is a means to divide things into two parts: ownership and value (i.e. usefulness). There are many phrases which have several meanings, and can blend into each other. These might include: intellectual property, romantic property, land, etc. By breaking these down, the consumer can define and understand the terms as the facts apply to them.
So, how do digital goods fit here? Basically, a digital good is a legally owned product, which has uses in the marketplace. In the instance of some software, like ClickBank, the software is used for payment processing. Products like iTunes, Android, and Windows, perform essential functions for operating a computer, or managing music, or helping the user achieve robust video. On WPDM, there can be a combination of legal objects, including services and goods. A user friendly design allows the extent of the legal jargon to be managed by viewing items on a web store. This is an important function, more than a simple barrier to entry, as it allows the user the ability to self educate, before paying money. In fact, this is why sites like iTunes have a description of their terms – the web site owner wants to make sure the user understands what they are buying. If the user has questions, they can not only read the clauses on the site itself, but they can also email for further information. The user can be made aware of the legal terminology, and they can seek out the information before making a purchase.
As a side note, sites like Facebook operate on extremely complex terms of service as well, however, the complexity is obscured behind the ‘sign me up’ button. Complex terms of service, or far-reaching clauses are likely to create confusion, allow some people to misunderstand the nature of the purchase, and could lead to greater numbers of parties purchasing products with false assumptions. One way to eliminate confusion is to make definitions and examples available up front. This is important for government involvement and policing. In Canada, police have been authorized to inspect any place where people are making copies, distributing IP, or performing other infringement acts. But, if this site shows users enjoying their services, without violating the law, then there is no basis to shut down the site. A well textured privacy policy, clearly explains the legal object to the consumer, and prevents this concern.
A web store provides the ability for digital goods to be transferred throughout the world. In this context, a digital good can be sold online from New Zealand, to China, and to Canada, all at the same time. This process can still occur on platforms such as WPDM Marketplace, even when the goods are complex, and involve multiple legal objects. An example could include a user licensing a movie, and technical service. When buying, for example, this site gives the buyer the option to choose which item they want. This allows sales to help fulfill both legal objects. In this case, the film and service are legally distinct in terms of their expression. Another example here could include purchasing a magazine which can be transferred to a device (i.e. Kindle). This illustrates the ability for the buyer to interact with the sellers, and for them to clearly understand the nature of what they are buying.
In the real world, there are instances where digital download marketplaces may not be subject to the same category of laws. This is not the case in the EU, for example, where they can be treated as social service providers. So, it is worth being cautious about cross-border transactions. As there are legal agreements attached to the transaction, the more complex the interaction, the greater the risk the transaction will not take place. A simple question could take a long time to answer, and some people may simply walk away. The key to cart abandonment is solving problems as they occur. If a consumer needs to understand funky legal terms, the issues should be drawn out and explained. Once this is completed, the consumer can make a choice to move forward.
The expression legal object, will make most eyes glaze over. However, it is far from an optional element to be lopped off a legal discussion. It is actually one of the critical factors in the entire definition of legality. So, what is this concept? In law, a legal object is defined as subject matter that can be purchased or owned, but which are also valuable to society at large. Legal objects include: computers, land, rights, digital goods, etc. Typically when a lawyer attempts to explain terms like this, the concepts are grafted onto legal books, and the reader is left to deduce understanding of the true meaning. This is not a very satisfactory approach to understanding a legal concept. The point here is, when you see the term legal object consider it is a means to divide things into two parts: ownership and value (i.e. usefulness). There are many phrases which have several meanings, and can blend into each other. These might include: intellectual property, romantic property, land, etc. By breaking these down, the consumer can define and understand the terms as the facts apply to them.
So, how do digital goods fit here? Basically, a digital good is a legally owned product, which has uses in the marketplace. In the instance of some software, like ClickBank, the software is used for payment processing. Products like iTunes, Android, and Windows, perform essential functions for operating a computer, or managing music, or helping the user achieve robust video. On WPDM, there can be a combination of legal objects, including services and goods. A user friendly design allows the extent of the legal jargon to be managed by viewing items on a web store. This is an important function, more than a simple barrier to entry, as it allows the user the ability to self educate, before paying money. In fact, this is why sites like iTunes have a description of their terms – the web site owner wants to make sure the user understands what they are buying. If the user has questions, they can not only read the clauses on the site itself, but they can also email for further information. The user can be made aware of the legal terminology, and they can seek out the information before making a purchase.
As a side note, sites like Facebook operate on extremely complex terms of service as well, however, the complexity is obscured behind the ‘sign me up’ button. Complex terms of service, or far-reaching clauses are likely to create confusion, allow some people to misunderstand the nature of the purchase, and could lead to greater numbers of parties purchasing products with false assumptions. One way to eliminate confusion is to make definitions and examples available up front. This is important for government involvement and policing. In Canada, police have been authorized to inspect any place where people are making copies, distributing IP, or performing other infringement acts. But, if this site shows users enjoying their services, without violating the law, then there is no basis to shut down the site. A well textured privacy policy, clearly explains the legal object to the consumer, and prevents this concern.
A web store provides the ability for digital goods to be transferred throughout the world. In this context, a digital good can be sold online from New Zealand, to China, and to Canada, all at the same time. This process can still occur on platforms such as WPDM Marketplace, even when the goods are complex, and involve multiple legal objects. An example could include a user licensing a movie, and technical service. When buying, for example, this site gives the buyer the option to choose which item they want. This allows sales to help fulfill both legal objects. In this case, the film and service are legally distinct in terms of their expression. Another example here could include purchasing a magazine which can be transferred to a device (i.e. Kindle). This illustrates the ability for the buyer to interact with the sellers, and for them to clearly understand the nature of what they are buying.
In the real world, there are instances where digital download marketplaces may not be subject to the same category of laws. This is not the case in the EU, for example, where they can be treated as social service providers. So, it is worth being cautious about cross-border transactions. As there are legal agreements attached to the transaction, the more complex the interaction, the greater the risk the transaction will not take place. A simple question could take a long time to answer, and some people may simply walk away. The key to cart abandonment is solving problems as they occur. If a consumer needs to understand funky legal terms, the issues should be drawn out and explained. Once this is completed, the consumer can make a choice to move forward.
Mr Awesome
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