Path: utzoo!utgpu!jarvis.csri.toronto.edu!mailrus!ukma!sean
From: sean@ms.uky.edu (Sean Casey)
Newsgroups: comp.sources.d
Subject: Re: Paying for Shareware (Was: Re: v09i070: newsclip 1.1...)
Message-ID: <14108@s.ms.uky.edu>
Date: 12 Feb 90 02:32:34 GMT
References: <3032@netxcom.DHL.COM> <13742@s.ms.uky.edu> <7146.25c595d1@dit.ie> <13912@s.ms.uky.edu> <1201@utoday.UUCP> <13946@s.ms.uky.edu> <1212@utoday.UUCP> <1990Feb8.140220.6168@pegasus.uucp> <1233@utoday.UUCP> <10807@zodiac.ADS.COM>
Organization: The Leaning Tower of Patterson Office @ The Univ. of KY
Lines: 24

news@zodiac.ADS.COM (USENET News) writes:

|3) My legal Understanding is that shareware that is delivored to me, without
|my specific request, is probably legally mine to use as I wish, but that if
|I take action to obtain such shareware, after being informed of the authors
|conditions, then I may be legally responsible for following these conditions.

It's very doubtful that you are legally responsible for following those
conditions. Wonder why software vendors won't prosecute for violation of
a shrink wrap license? It's because they have every reason to fear that they
will lose, and set a precedent.

I don't like being told that I'm bound by a contract that I never signed.
Opening a shrink wrap or downloading software proably does not constitute
a valid agreement. For almost anything like that to be legal, it requires
a signature or at least some overt paperwork with the author (as in checking
"yes" on a subscription offer).

Sean
-- 
***  Sean Casey          sean@ms.uky.edu, sean@ukma.bitnet, ukma!sean
***  "May I take this opportunity of emphasizing that there is no cannibalism
***  in the British Navy. Absolutely none, and when I say none, I mean there
***  is a certain amount, more than we are prepared to admit." -MP