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: <38899@cup.portal.com>
Date: 5 Feb 91 09:16:03 GMT
References: <3929@orbit.cts.com>
Distribution: usa
Organization: The Portal System (TM)
Lines: 16


   In California, several cases were decided regarding "Shrink-wrap"
licenses, all judges made the point that the buyer was unaware of a 
license existing. 
   Also to make a point about getting an upgrade version, and that 
product would still be under the original license? Wrong! There was
no original license. Customers always get foold by what corporations
tell them about their rights. Never trust them, their looking out for
their own interests. Remember, a license is only in force and enforce-
able, when both parties agree to the license, the terms have been 
presented before hand, and a binding contract have been enterd into.
   Think about this: what if your uncle buys some software and he can
only speak Spanish. Obviously he can't read a license agreement. Or
he give the product as a gift to someone, well they are not the 
original purchaser. Those two events happened, and were eventualy
thrown out of court.