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

Mike Schwartz (PC Support) mschw at athenet.net
Mon Jun 26 15:54:57 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.

     Depending on what the "by mistake" was, he probably doesn't have to pay
for it anyway (regardless of licensing).  If the reverse was true, companies
would begin sending us all kinds of junk that we didn't order, then demand
payment for it.  

     Based on my programming experiences with several product fulfillment
companies, even if the doctor sent in a postcard for the book and initialed
the postcard, it must be clearly stated that he knows he is ordering
something that he will have to pay for.  There are also requirements that
I've had to program for that had to include "reasonable return privlidges".


     I've been told, especially if he didn't sign some sort of order for the
book, he's free to keep it as a gift!

     (Disclaimer:  I'm not an attorney and am only stating my experiences
with product fulfillment companies in a few states the Midwest, as well as
US Post Office regulations...)

Mike Schwartz       



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