Path: utzoo!utgpu!jarvis.csri.toronto.edu!rutgers!uwm.edu!rpi!uupsi!cmcl2!stealth.acf.nyu.edu!brnstnd
From: brnstnd@stealth.acf.nyu.edu
Newsgroups: comp.sources.d
Subject: Shrink-wrap licenses are almost certainly unenforceable
Message-ID: <16253:02:30:47@stealth.acf.nyu.edu>
Date: 21 Feb 90 02:30:48 GMT
References: <1237@utoday.UUCP> <13520@cbnewsc.ATT.COM> <51005@microsoft.UUCP>
Reply-To: brnstnd@stealth.acf.nyu.edu (Dan Bernstein)
Distribution: usa
Organization: IR
Lines: 12

In article <51005@microsoft.UUCP> bruceki@microsoft.UUCP (Bruce KING) writes:
>   The shrink-wrap license has been tested in court and has held up.  

Really? Be more specific. What state? What type of court?

A couple of years ago Louisiana legislators realized that shrink-wrap
licenses were not enforceable under any current law. So they adopted the
Shrink-Wrap License Enforcement Act. A Federal district court struct
down the law as unenforceable because it ran contrary to the buyer's
rights under the Copyright Act. This is an extremely strong precedent.

---Dan