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Re: Beyond Shrinkwrap
And of course, one can't read those terms and conditions without having
already accessed the site and "accepted" them- i.e. unread!
I have cookies disabled on my browser and that site was the first one I
encountered wherein I could NOT access it unless I accepted the cookie
(with others I merely reject the cookie and am allowed on).
***********************************
* Marlene Cummins *
* U of Toronto Astronomy Library *
* library@astro.utoronto.ca *
***********************************
> From pantheon.yale.edu!owner-liblicense-l Fri Jun 6 00:01:24 1997
>
> The next generation of contract has been invented, naturally by Microsoft.
> If you go to the WWW site www.newyork.sidewalk.com (which offers an array
> of information on entertainment, tourism, restaurants, etc. in NYC), you
> will find a discreet list of links (less noticeable than the gaudier
> content links) like "About Sidewalk", "Advertiser index," and finally
> "Terms and conditions". That begins a very long page of claimers and
> disclaimers, but the opening is remarkable:
>
> MICROSOFT(c) SIDEWALK(tm) WEB SITE TERMS,
> CONDITIONS, AND NOTICES
>
> AGREEMENT BETWEEN USER AND MICROSOFT
>
> This Web site is offered to the user conditioned on the user's
> acceptance without modification of the terms, conditions and
> notices contained herein. By accessing and using this Web site,
> the user is deemed to have agreed to all such terms, conditions
> and notices.
>
> This contract is not on the outside of the package and it is both easy and
> natural to make use of the site without ever looking at this page. (It
> was called to my attention since, among other things, it asserts
> Microsoft's right to collect whatever personal information it can about
> you and to "share" it with others -- spam-marketers and the like --
> without your permission.)
>
> Since the copyright notice further down the page makes a blanket ban on
> any modification, copying, distributing, transmitting, etc., etc., of any
> information from that site, I feel obliged to say that I believe my
> quotation above is covered as an example of fair use "for purposes such as
> criticism, comment, news reporting, teaching (including multiple copies
> for classroom use), scholarship, or research" (sec. 107, Copyright Act of
> 1976).
>
> Jim O'Donnell
> Classics, U. of Penn
> jod@ccat.sas.upenn.edu
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