What’s in a Standard Form Contract? An Empirical Analysis of Software License Agreements & Does Anyone Read the Fine Print? Testing a Law and Economics Approach to Standard Form Contracts
Professor Florencia Marotta-Wurlger has written two articles on this subject:
What’s in a Standard Form Contract? An Empirical Analysis of Software License Agreements
"This article provides a comprehensive empirical analysis of an important class of modern standard form contracts—software license agreements. . . I document the prevalence of terms relating to license acceptance, license scope, limitations on transfer, warranties, limitations on liability, maintenance and support, and conflict resolution. I find that almost all licenses display a net bias, relative to relevant default rules, in favor of the software company (the contract writer)."
Does Anyone Read the Fine Print? Testing a Law and Economics Approach to Standard Form Contracts
"We find that only one or two out of every thousand retail software shoppers chooses to access the license agreement, and those few that do spend too little time, on average, to have read more than a small portion of the license text."
Yannis Bakos, Florencia Marotta-Wurgler and David R. Trossen
For access to both see: