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

[Richard Hartman <hartman(at)onetouch.com>]

That was not a sold item, it was a gift in the mail.



-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi/sec: not just a good idea, it's the LAW!



> -----Original Message-----
> From: Scott A Crosby [mailto:scrosby@cs.rice.edu]
> Sent: Saturday, October 12, 2002 9:18 PM
> To: microlenz@earthlink.net
> Cc: dvd-discuss@eon.law.harvard.edu
> Subject: [dvd-discuss] Re: [OT] Money-where-your-mouth-is department
> 
> 
> On Fri, 11 Oct 2002 20:03:13 -0700, microlenz@earthlink.net writes:
> 
> > 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
> 
> I don't know.. What about this business plan (from 2 months ago)
>    http://www.infoworld.com/articles/op/xml/02/08/12/020812opgripe.xml
> 
> 
> '' 
>     It was inevitable. With sneakwrap terms showing up in everything
>     from charity Web sites to pornographic spam, it was just a matter
>     of time. Books with shrinkwrap license agreements have arrived.
> 
>     ....
> 
>     It struck me that this license put the doctor in an awkward
>     position. As far as he knew, neither he nor any of the other
>     doctors in his office (most of whom had received their own copies
>     the book) were Omnicare customers, and he did not know where his
>     "local Omnicare pharmacy" might be. Even if he wanted to keep the
>     book, as a non-Omnicare customer the license prohibited him from
>     doing so. And since Omnicare claimed to retain ownership of his
>     copy, he couldn't destroy it either. If the license agreement was
>     to be taken seriously, he either had to go to the trouble of
>     trying to ship the book back or he had to become an Omnicare
>     customer somehow.
> ''
> 
> Googling for stuff doesn't find any interesting case.
> 
> Scott
>