FEE RESTRICTIO

"Lemley, Mark" <uunet!msmail.law.utexas.edu!mlemley> says:

U>
U>>In theory, at least, a purchaser (even a purchaser of a computer with
U>>software pre-installed) could simply drop a postcard to each software
U>>vendor saying something like the following: "I am rejecting the terms of
U>>your proposed license. However as lawful owner of a copy of your program
U>>I retain all rights granted by the Copyright Act."
U> 
U>An interesting thought.  I wonder what the computer companies
U>would do.  Could/would they repossess the software?  Note that
U>under UCC sec. 2-207 (the "battle of the forms"), it is not
U>clear that your postcard would be effective to change the terms
U>of the license.  It depends on whether the terms you reject are
U>"material," and whether you are a "merchant" or a private
U>individual.

Close, but not quite right. Under 2-207 the difference between a merchant and another purchaser arises only if the recipient of the proposed additional terms _doesn't_ object to the additions. In that case (and with certain exceptions) the new terms which do not materially alter the contract become part of it if the recipient is a merchant, but do not if he is not. Whether or not the recipient is a merchant, a seasonable objection prevents the new terms from becoming part of the contract.

Dave T.
david.thomas[_at_]asb.com Received on Fri Jul 29 1994 - 03:07:51 GMT