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

Here's Pamela Samuelson's website


A few references to the procd case

"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>
        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


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