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From: michael@maui.cs.ucla.edu (michael gersten)
Newsgroups: comp.sys.amiga
Subject: Re: Was : Go-Amigo Now : Bri-wall
Keywords: Spam, Grand Wizard
Message-ID: <26542@shemp.CS.UCLA.EDU>
Date: 18 Aug 89 23:18:26 GMT
References: <21227@louie.udel.EDU> <16161@pasteur.Berkeley.EDU> <10609@boulder.Colorado.EDU> <2250@jhunix.HCF.JHU.EDU> <5093@ucdavis.ucdavis.edu>
Sender: news@CS.UCLA.EDU
Reply-To: michael@cs.ucla.edu (michael gersten)
Organization: UCLA Computer Science Department
Lines: 39

In article <5093@ucdavis.ucdavis.edu> kuan@iris.ucdavis.edu (Francois Kuan) writes:
>As far as I know, once you break the plastic, NO software is
>returnable, unless the disk is defective. It appears to me that perhaps
>there is the merest possibility that Briwall is doing a no-no.
>Briwall is the first place I've heard
>of that will let you return opened software. 

This is simply not true. There is no reason why you should not be able to
return a program even after the shrink wrap is opened. I've seen
MANY places that allow this, and I will not buy software that does not
either allow me a trial or return.

Why might you not be able to return software after the wrap is broken?
Well, you might feel that the "shrink wrap license" claims so. However,
that went to court--the license failed. (Warning: I am not a lawer.
A friend of mine who IS a lawyer said that that only happened because of
the state that it occured in, and that if it were in any other state,
it would not have ruled in the same manner. He feels that the licenses
are in theory valid, but most are poorly worded and will lose on that
grounds)

Why else? Well, you could argue that the wrapped stuff implies "Factory
sealed, unused, new goods", and that you'd be getting used stuff instead.
No real answer to this, other than the package is indistinguishable
from a new, factory sealed package. (Ok, so maybe, just maybe there is
a reason. But ANY product will be tested before shipping, so you are
always getting a used product, not to mention that any program can be
dead when you get home.)

Consider this: Buy a shirt. Take it home. Doesn't
fit right. Take it back the next day, and get a refund.

Buy a vaccum. Use it once, not quite what you expected. Return for
refund.

What does Sears do with all the returned items? Sell them as used? No,
they test them, repackage, and sell as new.

			Michael