Re: Consideration in a Shrinkwrap Contract

On Thu, Oct 05, 2000 at 04:00:03PM -0400, Peter D. Junger wrote:
>
> [....] And if there was a shrinkwrap
> license inside the box that was not brought to the buyer's attention by
> the vendor---and that is enforceable---then doesn't the buyer have a
> cause of action not only for failure of consideration but also of fraud
> against the vendor.

The question of whether there are grounds for a case under "misuse of copyright" has come up in discussions following the DeCSS case. The copyright holders license CSS to and from the DVD CCA, but the MPAA claims rights under the DMCA that go far beyond ordinary copyright law rights to publish and vend, and instead seeks control over use and a perpetual patent-like right to restrain competition in player markets.

Hollywood studios long ago sought control over the projector market, secondary to their copyright control over content, and the defense and counter charge of "copyright misuse" was applied then against them.

Under what circumstances would the law see "copyright misuse" as an issue that can be brought in such cases? Received on Sun Oct 08 2000 - 23:22:37 GMT