Path: utzoo!utgpu!news-server.csri.toronto.edu!rutgers!apple!portal!cup.portal.com!tczarnik
From: tczarnik@cup.portal.com (Tom A Czarnik)
Newsgroups: comp.sys.ibm.pc.misc
Subject: Re: LEGALITY OF SELLING SOFTWARE
Message-ID: <38897@cup.portal.com>
Date: 5 Feb 91 09:03:39 GMT
References: <152@thor.UUCP> <3929@orbit.cts.com>
  <1991Jan31.160702.22809@ux1.cso.uiuc.edu>
Distribution: usa
Organization: The Portal System (TM)
Lines: 22


   In general, a "Shrink-wrapped" license is not enforceable, because the
the buyer must know:
   1) They are buying a license
   2) The terms of the license
And of course the publisher must know who the buyer is. A written contract
is a must to stanb up to a court challange. If you ever look on the 
envelope that Microsoft's disk come in, you'll notice the terms of their 
so-called license. You have what is called "restrictive rights", however
since their is no license agreement, you do own the software and have all
the rights outlined in the copyright code. 
   Also note, way on the bottom: "This agreement is goverend by the laws
of the State of Washington." A breach of license contract is a state issue,
not federal.
   I believe a few states hold the "Shrink-wrap" license legal only if
clearly printed on the OUTSIDE of the package, and the customer must be
able to bring the software back to the original place of purchase (or
publisher must issue) for a refund.

Tom.
       Internet: tczarnik@cup.portal.com
       UUCP    : uunet!portal!cup.portal.com!tczarnik