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From: info-mac@uw-beaver (info-mac)
Newsgroups: fa.info-mac
Subject: Open package = agreement
Message-ID: <2459@uw-beaver>
Date: Thu, 6-Dec-84 12:28:20 EST
Article-I.D.: uw-beave.2459
Posted: Thu Dec  6 12:28:20 1984
Date-Received: Fri, 7-Dec-84 05:56:33 EST
Sender: daemon@uw-beave
Organization: U of Washington Computer Science
Lines: 26

From: Andy Freeman 
Some state (Georgia?) was considering a law that made an agreement
that said (in effect) "If you open this shrink wrap package, you're
bound by this agreement." legal and binding.  In other words, opening
the package is your signature.  If the whole agreement is on the
outside and there aren't any misrepresentations, this doesn't bother
me.  How else do you administer protection agreements in the mass
market?  (The article I saw the above in said that other states were
considering similar legislation.  Whether such protections are
necessary or good is another question.)

Regardless of how you enter into a contract, there are certain things
you can't be bound to.  In Ca., personal service agreements can't last
more than seven years.  You can't be required to commit suicide.  The
product has to do what it is sold for.  (The SmoothTalker people seem
to skirt the edge of fraud.  Does any company understand that NET
word-of-mouth goes to 1000s of potential customers?)  The shrink wrap
signature actually increases their disclosure requirements since it
eliminates any sort of trial period.  As always, get any statements
from the dealer in writing.

-andy

ps - I'm not a lawyer.  Ignorance of the law is no excuse.  Good faith
and reasonableness goes a long way though.
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