Charging the net....

[Steve Simmons]

tp at mccall.com (Terry Poot) writes:

>Shrink-wrap licenses are considered questionable by some, but your notice
>has less force. With a shrink-wrap license, it states that by opening the
>package you agree to the license. Thus the user has to do something that
>indicates agreement with the license (whether that would hold in court
>is another debate, please don't address it here). With your software, I had
>to do nothing to receive the code. I didn't agree to anything, and you gave
>it to me anyway. I'm no lawyer, but I'll bet you couldn't sue me for
>violating your license (your copyright is another matter entirely; as I
>said in you email, it looked valid and will be respected).

Just FYI, this is comparable to the unsolicited shipment laws.  If
someone sends you an unsolicited package, you get to keep it.  They can
bill you later, but you are under no obligation to pay that bill.  No
contract has been executed, no licence signed, no obligation entailed
on your part.  If the sender wants to get their merchendise back they
have to depend on your good graces (and yes, you can ask for payment
for shipping and handling).  Call your post office, check it out.  Note
I'm not saying the law applies to unsolicited shareware, just that it
appears the closest comparable item.

This law does not apply to book clubs or other things where you agree
in advance to return a card saying you don't want the merchendise.

Yeah, sue!  I'd love to see this settled.
-- 
"Our informal mission is to improve the love life of operators worldwide."
  Peter Behrendt, president of Exabyte.  Quoted in Digital Review, Feb 4, 1991.