home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky comp.security.misc:2290 comp.org.eff.talk:7711
- Newsgroups: comp.security.misc,comp.org.eff.talk
- Path: sparky!uunet!spool.mu.edu!uwm.edu!caen!hellgate.utah.edu!csn!teal!bhayden
- From: bhayden@teal.csn.org (Bruce Hayden)
- Subject: Re: Stupid Licenses (YUCK!)
- Message-ID: <bhayden.724495103@teal>
- Sender: news@csn.org (news)
- Nntp-Posting-Host: teal.csn.org
- Organization: Colorado SuperNet, Inc.
- References: <1992Dec11.163322.24608@news2.cis.umn.edu> <XNmqVB1w165w@ruth.UUCP>
- Date: Wed, 16 Dec 1992 08:38:23 GMT
- Lines: 34
-
- rat@ruth.UUCP (David Douthitt) writes:
-
- >charlie@umnstat.stat.umn.edu (Charles Geyer) writes:
-
- >Thank goodness someone else noticed those warrantees. What a load of
- >MALARKEY ... Thank goodness for the part that says "SOME OF THESE
- >LIMITATIONS MAY NOT BE VALID IN SOME STATES" -- ie, some states have
- >passed laws that actually (GASP!) force a company to be (OH MY!) RESPONSIBLE
- >for its products... in Wisconsin, Ibetcha it's the "Lemon Law" that I've
- >heard about...
-
- >Now if it was only possible to get rid of the part that says,
- >YOU DON'T OWN THIS PRODUCT, WE DO. YOU ONLY PURCHASED THE RIGHT TO USE IT.
- >ANYTHING WE SAY GOES...
-
- Not to give legal advice, but shrink-wrap licenses were recently discussed
- either here or on another forum. My feeling is that they are not enforceable
- as a license. There is no consideration to support the imposition of
- a license. (under the theory that old consideration is bad consideration).
-
- This is not to say that you can duplicate the software. That is still
- (and will continue to be) copyright infringement, possibly actionable
- today as a felony (see the recent S893 discussion in this forum).
- What does change is the waiver of warranties. Under Article II of the
- UCC, many waivers of warranties must be priminent, etc. This is hardly
- the case when they are embedded in a sealed box.
-
- For a very good discussion of shrink wrap licenses see _Step-Saver
- Data Sys., Inc. v. Wyse Technology_, 939 F.2d 91 (3rd Cir., 1991).
-
- Bruce E. Hayden
- (303) 758-8400
- bhayden@csn.org
-
-