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[dvd-discuss] OT: request for references
- To: <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: [dvd-discuss] OT: request for references
- From: "Richard Hartman" <hartman(at)onetouch.com>
- Date: Mon, 24 Mar 2003 09:32:57 -0800
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
- Thread-index: AcLyJ22IawGJikMlRWC7Uea7pbSnYgAA4V5A
- Thread-topic: [dvd-discuss]Lexmark Decision
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!