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The software company will argue that you made a shrinkwrap agreement (where the term clickwrap actually comes from), where the packaging says by opening the pac
by cmcaleer 3y ago
The software company will argue that you made a shrinkwrap agreement (where the term clickwrap actually comes from), where the packaging says by opening the packaging or using the software, you've implicitly agreed to the terms of the EULA. It's not super well tested in the courts and opinion is split on it, with rulings either way.
https://en.wikipedia.org/wiki/Shrinkwrap_(contract_law) https://en.wikipedia.org/wiki/Shrinkwrap_(contract_law)
- teddyh 3y agoThat seems… less than solid. Do other industries do this as well? “By opening this CD jewel case, you agree to only play this CD as directed by the following rules”? “By turning the key in the ignition of this vehicle, you agree to be bound to the terms of service”? “Every time you press the start button on this coffee maker, you agree to extend your SuperCoffee™ subscription to one year in the future”?
- bentley 3y agoYou are not allowed to look at my copyrighted display of Christmas lights on the outside of my house without first paying my stated price.
- teddyh 3y agohttps://en.wikipedia.org/w/index.php?title=Eiffel_Tower&oldid=1150170477#Illumination_copyright https://en.wikipedia.org/w/index.php?title=Eiffel_Tower&oldi...
- TeMPOraL 3y ago> “By opening this CD jewel case, you agree to only play this CD as directed by the following rules”? Sort of? To my understanding, music and movies are kind of halfway to "licensed, not sold" either.
- teddyh 3y agoOh, I’m sure they would like you to think so.
- idonotknowwhy 3y agoSo buying it used, with no box, already setup by the seller means not agreeing to anything