Robert,
Maybe the question should be, have you ever tried to return opened software? I haven't lately, but many stores that sell software in this neck of the woods have explicit "no return" policies for opened software, unless you're exchanging it for the same program. The store's point of view, logically enough, is that a software return is much more likely to be the result of a desire to have the program for free (i.e. it's still sitting on your hard drive) than an honest objection to the terms of the shrinkwrap license.
Kevin Grierson
>>> RCumbow[_at_]GrahamDunn.com 10/25/00 12:37PM >>> Where on earth do all you guys shop? I have never been "hassled" by anybody when returning anything, opened or unopened, ever. And I've been on this planet 54 years and have done a lot of returning of purchased goods in my time.
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: David Hale [mailto:DHale[_at_]aggt.com]
Sent: Tuesday, October 24, 2000 7:22 AM
To: Multiple recipients of list
Subject: UCITA / Shrinkwrap
Much of the controversy surrounding UCITA is that it allows shrinkwrap licenses, which many characterize as unprecedented and unfair. I am wondering, however, if any of the anti-shrinkwrap people here would mind taking a shot at distinguishing the shrinkwrap license from what seems to be an identical concept (and one with a much longer history): the warranty card.
Let's say I buy a toaster. I look at the picture on the box at the store. I look at the price. I look at the features listed on the side. I look at the price. I look at the picture again. I decide it looks nice. I pay for it. I take it home and unpack it where I discover a warranty card which modifies the terms of the sale. It disclaims all warranties except for its express warranty against defects good for 90 days only. I don't like the warranty. What can I do? I can take it back, and probably be hassled for returning it after openning the box, especially when I admit that it does function properly. Or I can accept the terms, even though I'm not happy with them. How does a shrinkwrap license differ? (Except in the obvious way that for software the inner package is not openned until after I have been given the chance to review terms -- a chance I didn't have with the toaster.)
Let's set aside for the moment the problem that Best Buy will not accept a box of software that has been openned, even if the inner seal is still fine. I recognize this is a problem, but it can be solved in different ways, like a simple piece of legisislation that requires that returns with inner seals still intact must be accepted.
I am genuinely interested in hearing other views on this. I am open to being convinced as to the evils of UCITA.
-David Hale
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Received on Thu Oct 26 2000 - 12:54:19 GMT
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