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

[microlenz(at)earthlink.net]

On 11 Oct 2002 at 19:30, John Galt wrote:

Date sent:      	Fri, 11 Oct 2002 19:30:12 -0600 (MDT)
From:           	John Galt <galt@inconnu.isu.edu>
To:             	"'dvd-discuss@eon.law.harvard.edu'" <dvd-discuss@eon.law.harvard.edu>
Copies to:      	owner-dvd-discuss@eon.law.harvard.edu
Subject:        	RE: [dvd-discuss] [OT] Money-where-your-mouth-is department
Send reply to:  	dvd-discuss@eon.law.harvard.edu

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> There was some question as to whether the people REing the :CueCat had 
> actually ACCEPTED the shrinkwrap, as it was on the software portion...

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 found property are bogus since the mailing was directed and not found 
property (in LA one is required by law to turn over to the Sheriff any found 
property exceeding $10)  The only really tantilizing question was if their 
lawyers were guilty of incompetence and they had/have a course of action 
against them....as for cuecat...now that they are TU...I have to confess that 
I've got better toys to play with than that...I've got to figure out what to 
hook up to the DATAQ sample boards I bought...



> 
> On Fri, 11 Oct 2002, Michael A Rolenz wrote:
> 
> >Let's consider another hypothetical...there once was this company that had a
> >great idea. They mailed out in Forbes magazine these scanners. They gave them
> >away at RadioShafts. They mailed them to people who requested them. ANd then
> >when people started to use them in ways they didn't like they mailed out a
> >bunch of letters saying "you are violating our intellectual property. We didn't
> >give you authorization to reverse engineer our product"...starts to sound a
> >little too close for my comfort...
> >
> 
> - --
> The Internet must be a medium for it is neither Rare nor Well done!
> <a href="mailto:galt@inconnu.isu.edu";>John Galt </a>
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