Re: copying videos

On Thu, Aug 03, 2000, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> On Wed, 2 Aug 2000, Bryan Taylor <bryan_w_taylor[_at_]yahoo.com> wrote:
> >
> > I disagree. I don't know of any Federal cases that have followed
> > ProCD. (Well, actually, Easterbrook cited it himself in Hill v
> > Gateway2000). I seem to recall hearing that a Washington State
> > case followed it.
>
> I don't like the ProCD case. What bothers me the most about it is
> that it was essentially a novel question of state law, and nothing in
> the opinion seems to indicate that. I don't know if Wisconsin has a
> procedure allowing a court of appeals to certify a question of state
> law to its supreme court, but that probably would have been the best
> route, rather than for Easterbrook to take on that role himself --
> it's pretty important question.
>
> FWIW, though, in a case sounding in federal admiralty law (so state law
> is not applicable), the U.S. Supreme Court has upheld a long-standing
> equivalent of a shrinkwrap license: the fine print on a travel ticket,
> in this case, a cruise ship ticket. Carnival Cruise Lines v. Shute,
> 499 U.S. 585 (1991).
>
> In this case, the Shutes bought cruise tickets through a travel agent,
> paid, and then later got the tickets through the mail. Only then did
> they get to see the additional terms printed on the ticket, which
> included a forum selection clause designating Florida as the state
> for all disputes to be heard.
>
> Under the terms of the tickets, the Shutes' use of the tickets was
> deemed to be acceptance of the terms on the ticket. Sounds familiar.
>
> The Court upheld the additional terms on the ticket. The analysis
> suggests a case-by-case approach looking at the reasonableness of the
> term sought to be enforced -- but the Court certainly did not reject
> the terms because they're essentially shrinkwrap.

A reminder, though, that admiralty law is its own world. I don't remember the case well enough to remember how much admiralty law may have played a role in the decision.

Harold Federow
<haroldf[_at_]bsquare.com> Received on Fri Aug 04 2000 - 15:59:20 GMT