Consideration in a Shrinkwrap Contract

From: Bryan Taylor <bryan_w_taylor[_at_]yahoo.com>
Date: Fri, 15 Sep 2000 13:40:20 -0700 (PDT)

The ProCD thread reminded me of a basic problem with Shrinkwrap
"contracts" that I don't see any way around -- that of consideration.

I'm considerting the typical case where you go to CompUSA, buy a mass marketed software product, bring it home and discover that you are offered via shrinkwrap or clickwrap "offer" a licence to install the software in exchange for agreeing not to engage in reverse engineering, say.

By Congressional decree in 117(a)(1) of the Copyright Act, you as
"owner of a copy of a computer program" have the right to make a copy
"as an essential step in the utilization of the computer program in
conjunction with a machine".

So you when you arrived home with your receipt (contract of sale) you already own the right to install. What does the software company give up as a quid-pro-quo in exchange for your consessions?

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Yahoo! Mail - Free email you can access from anywhere! http://mail.yahoo.com/ Received on Fri Sep 15 2000 - 20:43:01 GMT