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[dvd-discuss] Legal Terms?

Two questions:

1) Previously on this list, there was a discussion regarding shrink-wrap licenses. In the discussion, a legal term was mentioned having to do with the validity of a contract when one party has no option or chance to modify the terms.  What is the terminology?

2) During a discussion of the Felten case, there was mentioned a term that applied when someone threatened to sue, but in reality had no intention of ever doing so.  What is the term?

I can't remember the terminology and I have searched through the list for the terms, but cannot seem to find them.   My brain is working rather sluggishly today and even multiple Mountain Dews don't seem to help:)

Thanks in advance for the help.