Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!uunet!mcsun!ukc!cam-cl!news
From: nbvs@cl.cam.ac.uk (Nicko van Someren)
Newsgroups: comp.sys.acorn
Subject: Shrink wrap licences Re: c.b.a posting: CLIB 3.66 - NOT PD !
Message-ID: <1991May3.115921.3066@cl.cam.ac.uk>
Date: 3 May 91 11:59:21 GMT
References: <6802@acorn.co.uk>
Reply-To: nbvs@cl.cam.ac.uk (Nicko van Someren)
Distribution: comp
Organization: U of Cambridge Comp Lab, UK
Lines: 49

In article <6802@acorn.co.uk> aglover@acorn.co.uk (Alan Glover) writes:
>I have just posted a package containing CLIB 3.66 to comp.binaries.acorn.
>
>If you use this posting, you are considered to have entered into the end
>user licence agreement listed below.....
>
>
>Software Licence Conditions 
>---------------------------
>
>The software in the following posting is not Public Domain, and is governed
>by a Licence. Please read the Licence completely.
>
>BY EXTRACTING THIS SOFTWARE YOU ACCEPT THE LICENCE CONDITIONS.

(Details of licence deleted)

Talking to various lawyers here in appears that shrink wrap licences 
ARE NOT BINDING in this country.  That is to say licences which say 'If you 
break this seal then you agree to this licence' have no legal weight at all
in the U.K..  Of course you are still not allowed to break the copyright laws
which govern the software but any restrictions placed on the software above
and beyond the copyright are null and void.  Note that this is not the case
in the U.S.A.

It strikes me that the last line in the quoted section above is infact a
shrink wrap licence and as such has no legal standing in the U.K..  Note
that the same applies for the bit in the Impression licence that says that
since you broke the seal you will not disassemble it.

It is not my intention that people should do things outside the law but I fell 
that we should know where we really stand.  It is worth noting that since
shrink wrap licences are MISLEADING then if they attempt to stop you from doing
something that is legal to do and would benefit you then they are also
FRAUDULENT.

This information came from an academic lawyer so if the law has changed in
the very recent past then the above may no longer be true.

>
>.... Any enquiries about this should be addressed to our Legal department.
>
Yup.



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| Nicko van Someren, nbvs@cl.cam.ac.uk, (44) 223 358707 or (44) 860 498903    |
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