Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infringementcase

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

WRT to warrenties...remember that there is also a clause on the paper that 
says that you may have additional rights in certain states.




Bryan Taylor <bryan_w_taylor@yahoo.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
11/02/01 08:34 AM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
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        Subject:        Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) 
infringementcase



--- Noah silva <nsilva@atari-source.com> wrote:

> that's laughable.  How about I "sell" you my house.. money now, terms
> later.  How can you assent if you don't know the terms.  Also, at the 
very
> _least_ EULAs are contracts of adhesion, which don't carry much weight.

Well, I obviously don't agree with the analysis (which comes from the 
ProCD
case), but it's important to understand it.

The idea is that the terms are fixed and they are in the box. Upon opening 
the
box, if the customer doesn't like the terms, they have the opportunity to
return the product. The case says that warantees are often done this way, 
and
says that software licence terms are really no different. It's a sort of
planned addition of detail, so it isn't a "modification" to the contract 
since
it is expected.

The rival view is the Step-Saver decision, which seems to be widely cited
caselaw. 


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