Remember the demonstrations where those purchasing computers with bundled
Windows OS tried to return it? Neither Dell nor Microsoft would take it back
or refund the money.
Roland J. Cole, Executive Director
Software Patent Institute
11 South Meridian Street, Suite 1313
INDIANAPOLIS IN 46204-3535
317-231-7799; fax 317-231-7433
cole@spi.org; http://www.spi.org
> I wonder what would happen if you attempted to return the software to the
> original manufacturer (that is, the licensor itself) rather than to the
> store where you bought it.
>
> Robert C. Cumbow
> Graham & Dunn PC
> 1420 Fifth Avenue, 33rd Floor
> Seattle, WA 98101-2390
> 206.340.9619
> 206.340.9599 fax
> rcumbow[_at_]grahamdunn.com
> http://www.grahamdunn.com
>
> Big law firm experience
> > without the big law firm experienceŽ
>
>
> -----Original Message-----
> From: Bruce E. Hayden [mailto:bhayden[_at_]ieee.org]
> Sent: Friday, October 20, 2000 5:48 PM
> To: Multiple recipients of list
> Subject: Re: Consideration in a Shrinkwrap Contract
>
>
> "Cumbow, Robert" wrote:
> >
> > I'm not sure, not claiming to be an expert in such matters. But it seems
> to
> > me if the money-back option is unavailable then the customer has lost
the
> > ability to accept or decline the terms, thus providing him with a pretty
> > good argument that the terms are unenforceable. I'd be interested in
> others'
> > opinions, though.
>
> I have always found this to be one of the more interesting
> aspects of the shrink-wrap argument - that even though the
> shrink-wrap invariably tells you that if you don't accept the
> terms that you can return the software for a refund, that
> in fact you pretty wall cannot.
> --
> --------------------------------------------------------------------
> The preceding was not a legal opinion, and is not my employer's.
> Original portions Copyright 2000 Bruce E. Hayden,all rights reserved
> My work may be copied in whole or part, with proper attribution,
> as long as the copying is not for commercial gain.
> --------------------------------------------------------------------
> Bruce E. Hayden bhayden[_at_]acm.org
> Phoenix, Arizona bhayden[_at_]ieee.org
> bhayden[_at_]copatlaw.com
>
>
> CONFIDENTIALITY NOTICE
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Received on Thu Oct 26 2000 - 01:58:00 GMT
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