Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c)infringementcase

[Noah silva <nsilva(at)atari-source.com>]

> The assent issue has been hotly debated, but may be irrelevent. Many courts
> have asked whether a clickwrap actually is "assent" sufficient to enter into a
> contract. Most have ruled that it is an attempt to modify the contract of sale,
> and under the Uniform Commericial Code requires a documented assent. A few
> courts have said that it is part of the original "money now, terms later"
> agreement, so that the act of continuing indicates assent. 
> 
that's laughable.  How about I "sell" you my house.. money now, terms
later.  How can you assent if you don't know the terms.  Also, at the very
_least_ EULAs are contracts of adhesion, which don't carry much weight.

 -- noah silva