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From: dgary@ecsvax.UUCP (D Gary Grady)
Newsgroups: net.micro
Subject: Re: Your software rights are in danger
Message-ID: <1007@ecsvax.UUCP>
Date: Thu, 2-Jan-86 12:43:16 EST
Article-I.D.: ecsvax.1007
Posted: Thu Jan  2 12:43:16 1986
Date-Received: Sat, 4-Jan-86 04:45:40 EST
References: <856@brl-tgr.ARPA> <1892@saber.UUCP> <35259@lanl.ARPA>
Reply-To: dgary@ecsvax.UUCP (D Gary Grady)
Organization: Duke U Comp Ctr
Lines: 31

In article <35259@lanl.ARPA> jp@a.UUCP (James Potter) writes:
>Your ability to return/exchange things at Sears is not a right but a matter
>of company policy.

Not strictly true (in the United States, anyway), thanks to the federal
Magnusson-Moss Warranty Act (which specifies what "full" and "limited"
warranties are, how they can be worded, and so on) and the Uniform
Commercial Code (the basis for the system of trade law in most states,
embodying concepts like "implied warranty of merchantability and
fitness for a particular purpose").

To sell something with NO warranty, a retail store must expressly declare
that it is selling the product "as is" - otherwise, most of the time,
you have a legal right to return the merchandise for a refund no matter
what the store's policy might be.

By the way, one of the reasons software publishers want to characterize
software sales as licensing and NOT "sales" is that in so doing they can
escape from the Uniform Commercial Code.  The other main reason is that
some legal authorities feel they can also avoid the fair use provision
of the Copyright Act that says you can make backup copies of software
you own.  If you haven't "bought" it you don't "own" it, you see...

Usual disclaimer:  I'm not a lawyer.  If you need specific legal advice,
see one.  One way of determining if someone is a lawyer is to see if he
or she will tell you stuff like the above for free.
-- 
D Gary Grady
Duke U Comp Center, Durham, NC  27706
(919) 684-3695
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