Re: shrink wrap licenses

From: Sandy J. Wong <sandy[_at_]oikoumene.com>
Date: Wed, 22 Jul 1998 09:03:14 +0100

John Wang <jwang[_at_]sycr.com> wrote:
>
> I would like some information about shrink wrap licenses as opposed
> to other end user agreements, such as what is the industry standard
> in using them and what are the advantages of one type of license
> over another. Could you point me to some literature?

I'll take this moment to inform you about shrink wrap licenses in this changing computing computing environment of different distribution channels and revenue mixes.

First off, the Proposed Uniform Commercial Code Article 2b, "Licenses" covers the validity of shrinkwrap and click licenses and other software licensing issues, but this continues to be in draft form, to be finalized for about another year. Given that more software is being purchased and distributed over the Web, the proposal states that a shrinkwrap or click license would be enforceable if there was an opportunity to review the license and an affirmative assent to the license such as clicking on an "I accept" icon. If the agreement cannot be reviewed until after payment is made, the license would be enforceable only if there is a right to a refund.

Essentials of a Shrink Wrap License.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Software vendors are increasing the use of shrinkwrap licenses (as opposed to a signed agreement) on PC and other mass-market platforms. The concept is that the license terms are deemed accepted once the user breaks a shrinkwrap seal or opens a sealed envelope containing the software. Still, in most cases, an enforceable agreement is not established in most cases. Competitors' actions, the computing platform, the nature of licensed use and price are key factors in this consideration. Users' procurement policies may create an upper dollar limit for shrinkwrap transactions as opposed to signed agreements.

For advantages of one type of license over the other, I suggest you look at the following papers on the Fenwick publication server on my Website:

o Software Licensing Complements the Digital Age

     http://www.oikoumene.com/SoftwareLicensing.html

o 1998 Trends in Software Licensing and Legal Protection for Software

     http://www.oikoumene.com/softwr_licnsetrnds98.html

I hope this works as an adequate overview for starters. Sandy Jane

~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8 Sandy Jane Wong, MPA, Webmaster
Online Research Synthesist
FAX: 415-841-0668.....Phone: 415-334-6066 Community Health Network...Phone: 415-206-7854 ~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8~8 Received on Wed Jul 22 1998 - 15:59:46 GMT