Re: Shrinkwrap Madness

["David Mirchin" <DMirchin@Silverplatter.com>]

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 f=
or
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
=93Advising an Internet Company=94
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 shar=
e
> 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=
r
> 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=
ve
> 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