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Re: Shrinkwrap Madness


I would add that UCITA provides a clear, and reasonable, solution to your

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. =
so, the licensee has the right to return the product, and to get a refund f=
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
Tel: +1-781-769-2599, x235
Fax: +1-781-769-8763

Adjunct Professor of Law
=93Advising an Internet Company=94
Boston College Law School

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 shar=
> 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 o=
> 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 abo=
> 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