Re: Used Software

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Thu, 26 Oct 1995 08:02:36 -0600

> As far back as I can remember, any software I have opened had disks that
> were sealed. It was breaking the seal which initiated the agreement not
> the shrink wrap around the package. The software package had an envelope
> with disks in it with warning that once you open the sealed envelope you
> were subject to the copyright agreement contain on the outside of the
> envelope. I may be wrong but that is the way I see it.

In my mind, this difference is really irrelevant. The main point there is that the terms and conditions were not available at the time of the sale. Thus, we either have after supplied terms (UCC II) or terms not supported 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 26 1995 - 13:02:49 GMT