Re: Consideration in a Shrinkwrap Contract

On Tue, Oct 03, 2000 at 10:12:42AM -0700, Brad Englund wrote:
> [...]
> When I buy software on a CD I am buying two separate items: First, the
> information encoded on the CD (actually, I am buying the effect that the
> information has on the computer--which is an intangible). Second, the
> tangible CD itself (which I can use as a frisbee, signaling mirror, earring,
> or for some other purpose, so long as that purpose is different than the
> purpose of the first item).

Maybe I continue to misunderstand you, but how is it that I can use the CD as a frisbee but not for the purpose of the information encoded on it? Don't consumers expect exactly the second when they buy the work in that fixation--or, if you prefer, that tangible form? Frisbees are considerably cheaper, unless they have to carry some trademark, perhaps.

-- 
"Eric"  Eric Eldred  Eldritch Press
mailto:Eldred[_at_]EldritchPress.org
http://www.eldritchpress.org/EricEldred.vcf