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Re: Beyond Shrinkwrap 

Forwarded message:
Date: Wed, 18 Jun 1997 19:46:53 -0500 (CDT)
From: Mary Brandt Jensen <cnicopy@sunset.backbone.olemiss.edu>
To: Multiple recipients of list <cni-copyright@cni.org>
Subject: Re: Beyond Shrinkwrap


[MOD Note:  re-posted from the cni-copyright list, in response to
the original posting that appeared on Liblicense-l, by J. O'Donnell,
re the Microsoft "click" language on the Web.] 


On Thu, 12 Jun 1997, Todd J. Paglia <tpaglia@essential.org> wrote:
> 
>      While the UCC is not as extreme as Microsoft's attempted license,
> it's not that far off.  You don't have access to the license terms under
> the UCC 2B until after you have paid for the product.  In a sale involving
> physical medium (Egghead Software), this means that you go to the store,
> pay for it, go home, begin installation, then get access to the terms when
> an icon pops up on the screen asking that you consent to the license.  If
> you actually read the license, become offended by the onerous terms, and
> take it back for a refund, you have to deal with the sales person who will
> likely have never dealt with this istuation, and then you must start the
> process all over with some alternative product.  Because the terms are
> hidden until after the sale is made, the burden of dealing with this
> post-sale issue is placed on the consumer. 
> 
>      As for the reasonableness of the terms, after working on UCC 2B
> for the last 6 months I have found that many of the permissible terms are
> unreasonable and overly protective of the software industry.  In addition,
> software vendors can include unreasonable terms and they become binding as
> long as an "I Agree" icon is clicked for those terms. It is quite easy for
> a software company to write a license under UCC 2B that will eliminate all
> liability other than a refund--thus tech support calls, damaged hardware,
> lost data, etc. are all expenses absorbed by the consumer.  For more info
> see our page at http://www.cptech.org/ucc/ucc.html


I've objected to the draft UCC position on licenses from the beginning.
I don't think I've every read a clearer more succinct description of
my reasons than Todd's.  I agree wholeheartedly.

Mary Brandt Jensen		University of Mississippi
Director of the Law Library	University, MS 38677
Assistant Professor of Law	cnicopy@sunset.backbone.olemiss.edu


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