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

[Bryan Taylor <bryan_w_taylor(at)yahoo.com>]

--- Noah silva <nsilva@atari-source.com> wrote:

> 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.

Well, I obviously don't agree with the analysis (which comes from the ProCD
case), but it's important to understand it.

The idea is that the terms are fixed and they are in the box. Upon opening the
box, if the customer doesn't like the terms, they have the opportunity to
return the product. The case says that warantees are often done this way, and
says that software licence terms are really no different. It's a sort of
planned addition of detail, so it isn't a "modification" to the contract since
it is expected.

The rival view is the Step-Saver decision, which seems to be widely cited
caselaw. 


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