OT: licenses/disclaimers/etc (was Re: OT: SCO Forum)

Kenneth Brody kenbrody at bestweb.net
Mon Jun 26 15:27:39 PDT 2006


Quoting Fairlight (Mon, 26 Jun 2006 17:49:29 -0400):
[...]
> I've read about the new sneakwrap licensing they're actually putting
> into books now in just such a situation.  One doctor received a
> professional reference by mistake, and by the time he opened it and
> found the license, then -read- the license, he wasn't even allowed
> to give it back, resell it, or even destroy it.  He ended up owning
> something he could do nothing which, for which he didn't ask in the
> first place.

ObNote:  IANAL

I understand that the courts decided long ago that a license which
requires that you agree to its terms prior to seeing the license
(such as the "sneakwrap" you refer to above) is unenforceable.  All
terms of the license must be visible prior to breaking the seal, or
else breaking the seal cannot constitute acceptance of the license.

Nor can you unilaterally bind someone to an agreement, as in the
case of these e-mail signatures that some companies append to
every e-mail that goes out.

--
KenBrody at BestWeb dot net        spamtrap: <g8ymh8uf001 at sneakemail.com>
http://www.hvcomputer.com
http://www.fileProPlus.com


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