Re: Used Software

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Tue, 17 Oct 1995 07:52:21 -0600

> When sellers fail to bargain for shrink wrap conditions, shrink wrap
> conditions fail to enter the contract. Would results differ where
> buyers purchase software from sellers' displays and shrink wrap
> conditions were visible?
>
> CRAIG S. ROSER
At least until the new UCC provisions go into force, I think the result would be substantially different. My major complaint about shrinkwrap all along has been that the terms are not visible to the purchaser when "purchasing" the software, and that the "contract" formed when opening the shrinkwrap package is just that - a fiction, unsupported by consideration.

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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 Tue Oct 17 1995 - 13:00:38 GMT