[comp.misc] Software "Contracts"

davidg@killer.DALLAS.TX.US (David Guntner) (12/22/88)

From article <2854@uhccux.uhcc.hawaii.edu>, by lee@uhccux.uhcc.hawaii.edu (Greg Lee):
> But is this how piracy happens?  I have bought some software in my time
> -- I have never signed a contract, however.  I have noticed that some of
> the stuff came with notices saying "...  if you break this seal ...  you
> are agreeing to ...  terms inside".  I think you would have to be pretty
> gullible to believe those notices.  I never have, nor considered that I
> entered into any contract.

This is what is known as Shrink-wrap Licensing, and is more-or-less 
enforceable depending on the laws of the state that you live in.  It may well
be that whether or not you _consider_ that you have entered into a contract,
you have.  I'd suggest that you check with a lawer in your state to find out
whether or not (and to what degree) a Shrink-wrap Licensing agreement is
enforcable.

> 		Greg, lee@uhccux.uhcc.hawaii.edu

                       --Dave

-- 
        David Guntner  UUCP: {ames, mit-eddie}!killer!davidg
                       INET: davidg@killer.DALLAS.TX.US
"...Different ship, but she's got the right name. Treat   --Admiral L. McCoy
 her like a lady, and she'll always bring you home."    "Encounter at Farpoint"

lee@uhccux.uhcc.hawaii.edu (Greg Lee) (12/22/88)

From article <6519@killer.DALLAS.TX.US>, by davidg@killer.DALLAS.TX.US (David Guntner):
" ...
" This is what is known as Shrink-wrap Licensing, and is more-or-less 
" enforceable depending on the laws of the state that you live in.  It may well

Oh, is it ever enforceable?  If you have any real information that some
court in some state held such a license to be binding in the absense of
a signature or any verbal agreement, do please post it.  I'm sure others
would be as interested as I am.
				Greg, lee@uhccux.uhcc.hawaii.edu

davidg@killer.DALLAS.TX.US (David Guntner) (12/23/88)

From article <2875@uhccux.uhcc.hawaii.edu>, by lee@uhccux.uhcc.hawaii.edu (Greg Lee):
> From article <6519@killer.DALLAS.TX.US>, by davidg@killer.DALLAS.TX.US (David Guntner):
> " ...
> " This is what is known as Shrink-wrap Licensing, and is more-or-less 
> " enforceable depending on the laws of the state that you live in.  It may well
> 
> Oh, is it ever enforceable?  If you have any real information that some
> court in some state held such a license to be binding in the absense of
> a signature or any verbal agreement, do please post it.  I'm sure others
> would be as interested as I am.

That, I'm afraid, is something that I can't give you. :-)  I'm not THAT
interested in the legal issues, so I don't follow them to that degree.  I was
mearly (sp?) passing along something that I had read some time ago, and I'll
be the first to admit that I could be in error about it.  My suggestion that
you talk to a lawer about it still stands, however.  He/she could do a much
better job of giving you the information that you want then I could, at any
rate.
                   --Dave

-- 
        David Guntner  UUCP: {ames, mit-eddie}!killer!davidg
                       INET: davidg@killer.DALLAS.TX.US
"...Different ship, but she's got the right name. Treat   --Admiral L. McCoy
 her like a lady, and she'll always bring you home."    "Encounter at Farpoint"