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From: berger@iboga (Mike Berger)
Newsgroups: comp.sys.ibm.pc.misc
Subject: Re: LEGALITY OF SELLING SOFTWARE
Message-ID: <1991Feb15.200256.21977@ux1.cso.uiuc.edu>
Date: 15 Feb 91 20:02:56 GMT
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fredf@microsoft.UUCP (Fred FREELAND) writes:
>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.
*----
You are mistaken.  What if the agreement stipulated that I had to give
you my firstborn male child?  Or that it gave you the right to any
software produced on my computer?  You can't claim that a shrink-wrap
license is binding because opening the package implies consent.  That
would make any ludicrous conditions applicable by default!  Wouldn't you
also, then, agree that any conditions I write on the check used to
purchase the software are equally binding?  By accepting the check, you have
consented to MY terms.
--
	Mike Berger
	Department of Statistics, University of Illinois
	AT&TNET     217-244-6067
	Internet    berger@atropa.stat.uiuc.edu