RE: [dvd-discuss] Open with caution

["Kroll, Dave" <Dave_Kroll(at)cargilldow.com>]

"...But if someone wants to slap some legalese of dubious merit on the front
of a book, why shouldn't they? Software publishers have been doing it for
years, after all, so it only seems fair that publishers of other forms of
intellectual property should have the same right to try to put restrictions
on how customers use their products...."

I would hope that the first time this gets before the courts, it gets thrown
out
on its ear.  (I don't recall the SCoTUS case that said a book publisher
could
not insist on a certain price when a book was resold.)  Using that
precedent, it's a slam dunk, right?  "You can't do this in books because
the Supreme Court said so."

But the author's point about how caselaw supporting shrinkwrap is starting
to build a new common law interpretation makes me very nervous.  Is there
any judicial principle that would stop courts from giving more weight to
recent
software shrinkwrap cases and less to a historical book publishing case?



David Kroll

 -----Original Message-----
From: 	Dean Sanchez [mailto:DSANCHEZ@fcci-group.com] 
Sent:	Wednesday, August 14, 2002 1:42 PM
To:	dvd-discuss@eon.law.harvard.edu
Subject:	[dvd-discuss] Open with caution  

Slashdot had a reference to this article about shrink-wrapped book.   The
beginning of the end?  Or the first shot in a the coming revolution between
the citizens and the IP industry?

http://www.infoworld.com/articles/op/xml/02/08/12/020812opgripe.xml