3. Offer, acceptance, bargained-for consideration
Individuals lack the ability to use the services without acquiescing to the collection of their personal information, nor can they revoke the service's license to their personal data or manage and control the use of that data. In fact, individuals aren't even privy to what personal information is being collected, how the data will be used, and what third parties it will be sold to or otherwise provided to.
Web services insist that their customers waive their property right to personal information when they supply it through use of the services.
"Early common law classified personal property by examining the rights which were being asserted in the thing. While possession is the key to enforcement of rights in tangible personal property, rights in intangible personal property are enforceable only by a claim or an action.35
"Footnote 35: See G. M. Leasing Corp. v. U. S., 429 U.S. 338, 350, 97 S. Ct. 619, 627, 50 L. Ed. 2d 530 (1977); Coones v. F.D.I.C., 848 P.2d 783, 808 (Wyo. 1993) (Macy, C.J., concurring). See also Brown, The Law of Personal Property, supra note 19 at 11."[1]
The courts consider a business's customer information an intellectual-property asset that can be sold to the highest bidder. The information includes "customer's names, phone numbers, e-mail addresses, order history and other related data (approximately 5 million records)."[2]
[1] Globe Life & Accident Ins. Co. v. Oklahoma Tax Comm'n, 913 P.2d 1322 (Okla. 1996).
[2] In re S & K Famous Brands, Inc., 2009 Bankr. LEXIS 5374 (Bankr. E.D. Va. Dec. 4, 2009)
4. Transaction costs
Web services insist that their customers waive their property right to personal information when they supply it through use of the services.
"Early common law classified personal property by examining the rights which were being asserted in the thing. While possession is the key to enforcement of rights in tangible personal property, rights in intangible personal property are enforceable only by a claim or an action.35
"Footnote 35: See G. M. Leasing Corp. v. U. S., 429 U.S. 338, 350, 97 S. Ct. 619, 627, 50 L. Ed. 2d 530 (1977); Coones v. F.D.I.C., 848 P.2d 783, 808 (Wyo. 1993) (Macy, C.J., concurring). See also Brown, The Law of Personal Property, supra note 19 at 11."[1]
The courts consider a business's customer information an intellectual-property asset that can be sold to the highest bidder. The information includes "customer's names, phone numbers, e-mail addresses, order history and other related data (approximately 5 million records)."[2]
[1] Globe Life & Accident Ins. Co. v. Oklahoma Tax Comm'n, 913 P.2d 1322 (Okla. 1996).
[2] In re S & K Famous Brands, Inc., 2009 Bankr. LEXIS 5374 (Bankr. E.D. Va. Dec. 4, 2009)
4. Transaction costs
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