Re: Shrinkwrap Madness

[Peter Graham <psgraham@syr.edu>]

The obvious question being begged is why the external print doesn't say
what David Mirchin just said so clearly, and in fact says what is not
true.  --pg

Peter S. Graham    Syracuse University Library    psgraham@syr.edu
Syracuse, NY 13244-2010 315/443-5530  fax 315/443-2060 NW4.7 11/00
   
_______________

David Mirchin wrote:
> 
> Kent,
> 
> I would add that UCITA provides a clear, and reasonable, solution to your
> examples:
> 
> These are presumably mass market licenses and would not be enforceable as
> structured.  When the licensee is able to review the entire license (on the
> CD-ROM), the licensee can decide that he/she doesn't agree with the terms. 
> If so, the licensee has the right to return the product, and to get a
> refund for the cost of the product and the cost of return postage.
> 
> David Mirchin
> Vice President & General Counsel
> SilverPlatter Information, Inc.
> 100 River Ridge Drive
> Norwood, MA  02062
> USA
> dmirchin@silverplatter.com
> Tel: +1-781-769-2599, x235
> Fax: +1-781-769-8763
> 
> Adjunct Professor of Law
> Advising an Internet Company
> Boston College Law School
> http://www2.bc.edu/~mirchin/
> 
> Kent Mulliner wrote:
> 
>> As I have always appreciated Catch 22, I find particular joy in the
>> licenses for 2 CD-ROMs we received today accompahying books, and share
>> then in the interest of holiday entertainment.
>>
>> With a book, Econometric Foundations (Cambridge University Press):
>> "Recipient's unsealing of the envelope enclosing the media and contents
>> or use of the media or contents subjects Recipient to all terms and
>> conditions of use as described in this document and also all terms and
>> conditions of the GAUSS Light (TM) License displayed in the media." and
>>
>> From a book, Dictionary of Minor Planet Names (Springer), at the top
>> above CD-ROM envelope "Return or Exchange only possible when packaging
>> unopened." and below the envelope, "The use of this software is bound
>> by the terms outlined in the licence agreement. The full text of this
>> agreement can be found on the CD-ROM."
>>
>> K. Mulliner       Collection Development Coordinator
>>
>> Ohio University Libraries               Phone: 740-593-2707
>> Athens, OH 45701-2978, USA              FAX:    740-593-2708
>> mulliner@ohio.edu