RE: [dvd-discuss] OT: request for references

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

Pam discusses "Article 2B of the Uniform Commercial Code" ... it sounds

a lot like the UCITA.  Questions: how does Article 2B relate to the UCITA?

(I am suspecting it is a direct predecessor).  The UCITA has not yet been

passed, except by 2 states ... has UCC Article 2B been passed? Is it

dead?  Is it somewhere working it's way through the mill even as we speak?

 

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

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

-----Original Message-----
From: Michael A Rolenz [mailto:Michael.A.Rolenz@aero.org]
Sent: Monday, March 24, 2003 9:56 AM
To: dvd-discuss@eon.law.harvard.edu
Subject: Re: [dvd-discuss] OT: request for references

Here's Pamela Samuelson's website

http://www.sims.berkeley.edu/~pam/
http://www.press.umich.edu/jep/04-03/samuelson.html

A few references to the procd case
http://laws.lp.findlaw.com/7th/961139.html
http://www.law.seattleu.edu/fachome/chonm/Cases/procd1.html
http://www.law.seattleu.edu/fachome/chonm/Cases/procd2.html

"Richard Hartman" <hartman@onetouch.com> Sent by: owner-dvd-discuss@eon.law.harvard.edu 03/24/2003 09:32 AM Please respond to dvd-discuss

To:        <dvd-discuss@eon.law.harvard.edu>         cc:                 Subject:        [dvd-discuss] OT: request for references

 
On another list I am having a discussion with someone
who talks about "software consumer contracts" (by which
I believe they are referring to shrinkwrap and clickwrap).
 
I know discussions here in the past have pointed out the
legal flaws in considering these to be contracts.  One of
which has to do with -- IIRC -- there is no negotiation
between the parties.  Another has to do with "first sale"
superceeding the so-called license agreements printed
on the box.
 
Can anybody point me to either actual case law
or legal statute that shows where "software consumer
contracts" do not actually exist?
 

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

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