Re: [dvd-discuss] Re: [OT] Money-where-your-mouth-is department

[microlenz(at)earthlink.net]

On 12 Oct 2002 at 23:17, Scott A Crosby wrote:

To:             	microlenz@earthlink.net
Copies to:      	dvd-discuss@eon.law.harvard.edu
Subject:        	[dvd-discuss] Re: [OT] Money-where-your-mouth-is department
From:           	Scott A Crosby <scrosby@cs.rice.edu>
Organization:   	Rice University
Date sent:      	12 Oct 2002 23:17:31 -0500
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> On Fri, 11 Oct 2002 20:03:13 -0700, microlenz@earthlink.net writes:
> 
> > Actually the question was if having received unsolicited merchandise
> > in the mail they had any legal obligation to even read the attached
> > shrinkwrap...the law is well established in that matter. Unsolicited
> > merchandise received in the mail is a gift and as such is given
> > without any consideration or negociation. There was never any
> > question that the shinkwrap was invalid a priori. Claims about the
> 
> I don't know.. What about this business plan (from 2 months ago)
>    http://www.infoworld.com/articles/op/xml/02/08/12/020812opgripe.xml
> 

Check the DVD archives for 12-16August2002. There was a discussion about that. 
The bottom line is that their  business plan won't fly. THe doctor is under no 
obligation to return the book if he doesn't want it and can do with it as he 
chooses. The law is well established that unsolicited merchandise received 
through the mail is a gift.

> 
> '' 
>     It was inevitable. With sneakwrap terms showing up in everything
>     from charity Web sites to pornographic spam, it was just a matter
>     of time. Books with shrinkwrap license agreements have arrived.
> 
>     ....
> 
>     It struck me that this license put the doctor in an awkward
>     position. As far as he knew, neither he nor any of the other
>     doctors in his office (most of whom had received their own copies
>     the book) were Omnicare customers, and he did not know where his
>     "local Omnicare pharmacy" might be. Even if he wanted to keep the
>     book, as a non-Omnicare customer the license prohibited him from
>     doing so. And since Omnicare claimed to retain ownership of his
>     copy, he couldn't destroy it either. If the license agreement was
>     to be taken seriously, he either had to go to the trouble of
>     trying to ship the book back or he had to become an Omnicare
>     customer somehow.
> ''
> 
> Googling for stuff doesn't find any interesting case.
> 
> Scott