Re: Shrinkwraps in Europe

> I am working on the same subject since the implementation of the
> 91/250/EEC in Turkey in June 1995. I think the shrinkwrap license
> issue is closely related to the Directive 93/13/EEC on Unfair Terms
> in Consumer Contracts. Here is Article 3 of the directive:

Riza,

   Somebody else recently mentioned the Directive on Unfair Terms in Consumer Contracts to me. I've printed it out but I hadn't read it yet. (I got it off of Lexis, but I've left it at home. Isn't it on the Web somewhere? I've got lots of URLs - including Europa and I*M Europe - but I still can't find EC Directives.)

   Article 3 sounds as if it's aimed directly at shrinkwraps. So does the fact that the Directive has been passed mean that the member countries are going to implement it - meaning shrinkwraps will not be enforced as contracts? Will this be true even if the "license" terms are readable without opening the package? I was under the impression from some recent articles that the direction in Europe was toward enforceability as a contract.

   Is there anything like a legislative history behind Directive 93/13/EEC that would make clear what the objective was?

Gerry

Gerald M. Bluhm
<gbluhm[_at_]head-cfa.harvard.edu> Received on Fri Apr 12 1996 - 18:57:15 GMT