Smurfberries Purchase Issue

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Smurfberry Problem
Facts
In this case scenario, Stewart uses an iPad made by Apple to buy Capcom smurfberries with his mother's consent. The latter willingly told him her iTunes store password. In her defense, Lois thought that the smurfberries cost either 2 dollars or 5 dollars, like all the previous game purchases she had done for Stewart. Instead, the credit card bill indicated that Stewart had purchased smurfberries worth $2,700. Frustrated, Lois takes her iPad, changes the password, and proceeds to sue both Apple and Capcom.
Discussion
When an individual wants to use an application, they must download it from the application store. Each application requires the user to sign up to access the services therein. Before the advent of the internet, legally binding contracts were either verbal or written. However, internet contracts have emerged with globalization and the shift of most operations from offline to online. This transformation has forced the government and courts to redefine and develop appropriate laws that govern internet operations and contracts. Agreements are significant because they set out the terms and conditions of the contract between the offeror and the offeree. Generally, for an agreement to be legally binding, six essential elements must be present. They comprise the offer, acceptance, awareness, consideration, capacity, and legality. Contracts begin with an offer, which is a promise or proposal consisting of specific conditions or terms.
The offer must be unambiguous for both parties. In this case, the proposal was for Lois to use iTunes to make purchases using her iPad. Acceptance entails an unconditional agreement to the offer's terms and conditions. It can either be implied or expressed. The former is where the offeree performs an action that demonstrates acceptance. Comparatively, the latter is where the offeree gives an affirmative statement of acceptance. By signing up for iTunes, Lois agreed to the terms of service and privacy conditions. An account can only be active after clicking the "I agree" statement. In Sgouros v. TransUnion Corp (2016), the court held that such a click would 'manifest assent to an agreement provided that the layout and language of the site states as such' (Cited from Grimmelmann, 2017). A consideration is the exchange of something of value between the contracting parties. An example is cash payments for goods delivered or services performed.
With Lois's consent, Stewart purchased smurfberries from Capcom using the iTunes password given by the former. Awareness demands that the parties to a contract must be aware that they are entering into a legal contract enforceable by the law. By signing up for the smurfberry app and activating the iTunes account, it was clear that Lois had entered into an agreement or contract with the service providers. Legality implies that the terms and conditions of the contract, items, service, or parties to the contract are legally accepted. Lastly, the agreement's terms must be specific to be enforceable. Some of the terms and conditions of using the iTunes store are that Lois is sorely responsible for managing her account and all its activities.
Additionally, she should immediately report to Apple in case of any security breaches to her account. Hence, by offering her iTunes store password to Steward, who gained access to the account, there was no security breach, thereby, no need to notify Apple. Furthermore, since her account was used to purchase the $2,700 worth of smurfberries, the access and purchases were authorized by Lois. Capcom and Apple are not liable for a contract breach. Besides, smurfberry purchases cannot be voided as Stewart's access to the services was authorized by his mother. The latter willingly relayed her iTunes store password to him.
Daily Planet Case
Facts
In this case, Daily Planet users are allowed to read ten articles for free. However, the condition is that they must subscribe at 9.99 dollars a month to access more articles. The paywall uses cookies to track the articles read and initiate a subscription for more than ten pieces. Luthor decided to delete the cookies to masquerade as a new reader so that he could access more articles for free instead of the required ten.
Discussion
Internet law has two divergent views that can be used to understand its concepts. They comprise the external and internal perspectives. Since technology and regulation are evolutionary, they are interdependent. Hence, the decisions of most cyber law issues and disputes significantly depend on their understanding of the internet and how it works. The external perspective explains the internet from the outside by arguing that "it is a global meta-network that serves as an open plat...