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[dvd-discuss] Re: [OT] Money-where-your-mouth-is department
- To: microlenz(at)earthlink.net
- Subject: [dvd-discuss] Re: [OT] Money-where-your-mouth-is department
- From: Scott A Crosby <scrosby(at)cs.rice.edu>
- Date: 12 Oct 2002 23:17:31 -0500
- Cc: dvd-discuss(at)cyber.law.harvard.edu
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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