Re: Consideration in a Shrinkwrap Contract

>>> Eric Eldred <eldred[_at_]eldritchpress.org> 10/17 10:09 AM >>>
Well, if you buy a book containing a CD-ROM, then do as you say, refuse the contract (license), put it back in the box and return it to the store, as a "careful consumer," what happens? You don't get your money back. You can return a book without a CD, but if you have opened the CD-ROM envelope you can't return it for a refund. Does this make the contract (license) invalid? <<<<<

ProCD v. Zeidenberg relied heavily on the ability of the consumer to return the CD and get a refund if he/she didn't like the shrink-wrap license. So, the rationale of the opinion would strongly suggest that the license is not enforceable in that situation.

Tyler T. Ochoa
Associate Professor
Whittier Law School Received on Thu Oct 19 2000 - 21:38:44 GMT