Path: utzoo!utgpu!news-server.csri.toronto.edu!rutgers!ucsd!swrinde!zaphod.mps.ohio-state.edu!samsung!uunet!microsoft!fredf
From: fredf@microsoft.UUCP (Fred FREELAND)
Newsgroups: comp.sys.ibm.pc.misc
Subject: Re: LEGALITY OF SELLING SOFTWARE
Message-ID: <70629@microsoft.UUCP>
Date: 12 Feb 91 18:03:30 GMT
References: <3929@orbit.cts.com> <38899@cup.portal.com>
Reply-To: fredf@microsoft.UUCP (Fred FREELAND)
Distribution: usa
Organization: Microsoft Corp., Redmond WA
Lines: 30

In article 38899@cup.portal.com tczarnik@cup.portal.com (Tom A Czarnik) writes:
>
>   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. 

This thread was not talking about "Shrink-wrap" software licenses. We're
talking about opening a box that contains a clearly marked envelope of 
diskettes. On the outside of the envelope are the words, "IMPORTANT - READ
CAREFULLY BEFORE OPENING. By opening this sealed disk package, you indicate
your acceptance of the following Microsoft License Agreement."

Now we can speculate all day about a variety of scenarios where the original
purchaser is a non-English-speaking person, but that serves to confuse
rather than clarify the issue. 

The whole point is, that if you are a normal person, with normal faculties and
a normal understanding of the language, opening the disk envelope is, by
definition, agreement with the terms of the licensing agreement. It doesn't
matter if you think it's bogus or not. If you opened the envelope you have
agreed, like it or not.


-- 
Frederick F. Freeland Jr.                        "Of all the things I've lost,  Microsoft Corporation                               I miss my mind the most!"   One Microsoft Way  
Redmond, WA 98052 (206) 882-8080                                                                                                                                internet: fredf@microsoft.beaver.washington.EDU                                 arpanet:  fredf%microsoft@uw-beaver.ARPA
uucp:     uunet!microsoft!fredf                                                                                                                                 Opinions expressed over this signature are my OWN and not those of my employer!