Re: Consideration in a Shrinkwrap Contract

At 8:50 PM -0400 10/20/00, Bruce E. Hayden wrote:
>One of the things that crossed my mind recently was that this
>discussion will soon be moot since logically software vendors
>are likely to go more and more on-line in delivering their
>software. And, in an on-line environment, they can force you
>to affirm acceptance of their terms before completing the sale
>and accepting your payment.

Would that it were. But I hear the opponents of shrink-wrap enforceability making much the same arguments against click-wrap. Generally arguing that licenses can expand, but not constrict, the authority inherent in possession. You are right though that the opportunity to require a formal acceptance before delivery alters the equation.

John Noble Received on Tue Oct 24 2000 - 23:02:00 GMT