Re: Used software

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Thu, 12 Oct 1995 08:53:07 -0600

> A "shrink wrap" license is a contractual offer that is accepted by and
> when the buyer unwraps the software. A subsequent buyer of the software
> is not bound by a contract entered into by his seller.

At least under U.S. law, this is very questionable. You have at best an offer for additional terms (under the UCC) or a contract unsuported by consideration (Restatement).

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The preceding was not a legal opinion, and may not be my employers'. Orignal portions Copyright 1995 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.

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Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Thu Oct 12 1995 - 14:03:34 GMT