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Re: [dvd-discuss] Shrinkwrap Licenses....extending them
- To: dvd-discuss(at)eon.law.harvard.edu
- Subject: Re: [dvd-discuss] Shrinkwrap Licenses....extending them
- From: Joshua Stratton <cpt(at)gryphon.auspice.net>
- Date: Thu, 1 May 2003 22:11:54 -0400 (EDT)
- In-reply-to: <3EB16D65.3838.35C1AE@localhost>
- Reply-to: dvd-discuss(at)eon.law.harvard.edu
- Sender: owner-dvd-discuss(at)eon.law.harvard.edu
IIRC, even ProCD said that there has to be a reasonable opportunity to
reject the terms and return the widget, and it's the leading case you
sound like you're against.
Given that the ALI didn't like UCITA, maybe an effort to amend 2-204 and
2-207 of the UCC (the relevant bits, IIRC) to make these things harder to
do could work, but it would still require states to adopt the changes.
And in some cases, they're okay; I don't have serious problems with a EULA
site license, because it regards copying which isn't allowed per a 17 USC
117 sale. A typical consumer EULA use license that tries to avoid 17 USC
117, 109, 107, etc. OTOH is something I'd be against.
And of course your terms here sound a bit unconscionable. (don't ask me
why EULA terms often aren't)
Personally I prefer a theory of section 109, 117, etc. preempting
contracts that try to do little more than conceal a sale. But I don't have
high hopes for it realistically.
On Thu, 1 May 2003 email@example.com wrote:
> Something I've been pondering as I slowly reconstitute my home computing
> after problems, upgrades, and the like (the old machine is going to
> LINUX with a boot manager...the data acq. board doesn't have a linux
> driver)...The whole idea of a shrinkwrap license is that I can dump it
> on your doorstep using the mail, UPS or through the market place or
> Internet and when you open it, click on it or whatever a CONTRACT
> suddenly appears where none existed before. A contract without
> negociation or a meeting of the minds and in the case of the small print
> ones prolifferating one with questionable legality.
> So...what other kinds of questionallby legal contracts can form from this
> perverted notion...
> Supppose I send a check to the Republican party in a box with a shrinkwrap
> contract saying "you agree that if you cash this check the Republican party
> platform will hence forth never mention the XXX issue and if you ever do you
> will pay damages of $1000M to me!"....
> What about donations to politicians?
> Or Charities...
> Any other ideas?
> Realize this is a reductio ad absurdum sort of approach