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From: ejablow@dasys1.UUCP (Eric Robert Jablow)
Newsgroups: comp.sys.ibm.pc,misc.legal
Subject: Re: Converting MicroSoft C to Turbo C
Message-ID: <894@dasys1.UUCP>
Date: Sun, 26-Jul-87 00:17:33 EDT
Article-I.D.: dasys1.894
Posted: Sun Jul 26 00:17:33 1987
Date-Received: Sun, 26-Jul-87 21:01:33 EDT
References: <1116@killer.UUCP> <1119@killer.UUCP> <634@fai.UUCP>
Reply-To: ejablow@dasys1.UUCP (Eric Robert Jablow)
Organization: Big Electric Cat//SUNY at Stony Brook Math Dept.
Lines: 33
Xref: mnetor comp.sys.ibm.pc:6065 misc.legal:2244

In article <634@fai.UUCP> stevem@fai.UUCP (Steve Minneman) writes:
>
>	[Much deleted]
>
>Doesn't mean a thing.  Actually signing and sending back the license is not
>required.  Note that the package containing the software was shrink-wrapped
>and labeled with the words "By opening this package, you accept the terms and
>conditions of the license agreement," or words to that effect.
>

Actually, shrink-wrap "licenses" have been ruled invalid in many cases
all across the country.  According to the law in almost every state is
a provision making the Unified Commercial Code (UCC) the law.
Violations of the UCC can render licenses and contracts invalid.  These
shrink-wrap "licenses" haved been ruled to violate the code, much the
same as a warranty limitation not fully disclosed before purchase, or
any other unusual contract provision.  The buyer must be given the
chance to inspect the material unencumbered by such unconsciable
limitations.  If the UCC is violated, the contract reverts to the
state's standard rules.

I am not a lawyer; I would therefore appreciate a lawyer's commenting
on this matter. 

>The best government is no government at all.

That comment should be discussed in talk.politics.theory, same as the
"society" discussions in the Jury Duty articles.
-- 
Eric Jablow                      {allegra,philabs,cmcl2}!phri\
Big Electric Cat Public Unix           {bellcore,cmcl2}!cucard!dasys1!ejablow
New York, NY, USA
Copyright 1987 First Category Press