info-mac@uw-beaver (info-mac) (12/06/84)
From: Andy Freeman <ANDY@SU-SCORE.ARPA> Some state (Georgia?) was considering a law that made an agreement that said (in effect) "If you open this shrink wrap package, you're bound by this agreement." legal and binding. In other words, opening the package is your signature. If the whole agreement is on the outside and there aren't any misrepresentations, this doesn't bother me. How else do you administer protection agreements in the mass market? (The article I saw the above in said that other states were considering similar legislation. Whether such protections are necessary or good is another question.) Regardless of how you enter into a contract, there are certain things you can't be bound to. In Ca., personal service agreements can't last more than seven years. You can't be required to commit suicide. The product has to do what it is sold for. (The SmoothTalker people seem to skirt the edge of fraud. Does any company understand that NET word-of-mouth goes to 1000s of potential customers?) The shrink wrap signature actually increases their disclosure requirements since it eliminates any sort of trial period. As always, get any statements from the dealer in writing. -andy ps - I'm not a lawyer. Ignorance of the law is no excuse. Good faith and reasonableness goes a long way though. -------
info-mac@uw-beaver (12/07/84)
From: Christopher A Kent <cak@Purdue.ARPA> Last time I was in the local computer store, I saw a package that was shrink-wrapped, and had printed on the box "Opening this box signifies acceptance of the agreement packaged within." I was on the floor. Who are they kidding? Who would buy such a thing? WHO DO THEY THINK THEY ARE? Unfortunately, I don't remember the product name, but I'll try to find it again next time I'm there, so we can add them to our blacklist. (The SmoothTalker people seem to skirt the edge of fraud. Does any company understand that NET word-of-mouth goes to 1000s of potential customers?) It seems like very few companies understand how well connected the hackers of today are -- be it Arpanet, USENET, or BBS systems. Happily, Apple seems to be one of them. I hope they consider it a benefit. Cheers, chris ----------