The term 'shrink wrap' describes the shrink wrap plastic wrapping which coats software boxes or the terms and conditions which comes with products on delivery.
Shrink wrap assertions are unsigned permit understandings which state that acknowledgement on the client of the terms of the assertion is demonstrated by opening the shrink wrap bundling or other bundling of the product, by utilisation of the product, or by some other determined instrument.
The legal status of shrink wrap contracts in the US is somewhat unclear. In the 1980s, software license enforcement acts were enacted by Louisiana and Illinois in an attempt to address this issue, but parts of the Louisiana act were invalidated in Vault Corp. v. Quaid Software Ltd., and the Illinois act was quickly repealed.[1] Case history also fails to clear up the confusion. One line of cases follows ProCD v. Zeidenberg which held such contracts enforceable (see, e.g., Bowers v. Baystate Technologies[2]) and the other follows Klocek v. Gateway, Inc., which found the contracts at hand unenforceable (e.g., Specht v. Netscape Communications Corp.[3]), but did not comment on shrink wrap contracts as a whole. These decisions are split on the question of consent, with the former holding that only objective manifestation of consent is required while the latter require at least the possibility of subjective[clarification needed] consent. In particular, the Netscape contract was rejected because it lacked an express indication of consent (no "I agree" button) and because the contract was not presented directly to the user (users were required to click on a link to access the terms). However, the court in this case did make it clear that "Reasonably conspicuous notice of the existence of contract terms and unambiguous manifestation of assent to those terms by consumers are essential if electronic bargaining is to have integrity and credibility."[4]
^Epstein, Michael A. (2006). Epstein on Intellectual Property. Aspen Publishers Online. pp. 11–80. ISBN978-0-7355-5983-7.
^Contracting Case Law : Brower v. Gateway 2000, 13 August 1998, retrieved 5 March 2011
^(PDF). www.nysd.uscourts.gov. Archived from the original (PDF) on 12 July 2001. Retrieved 13 January 2022.{{cite web}}: CS1 maint: archived copy as title (link)
Doctorow, Cory (3 February 2007). "Shrinkwrap Licenses: An Epidemic of Lawsuits Waiting to Happen". InformationWeek. Retrieved 3 February 2007.
Halbert, Debora (December 2003). "The Open Source Alternative: Shrink-Wrap, Open Source and Copyright". Murdoch University Electronic Journal of Law. Retrieved 20 February 2007.
Intellectual Property and Contract Law for the Information Age
January 01, 1970
shrinkwrap, contract, examples, perspective, this, article, deal, primarily, with, united, states, represent, worldwide, view, subject, improve, this, article, discuss, issue, talk, page, create, article, appropriate, april, 2012, learn, when, remove, this, me. The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate April 2012 Learn how and when to remove this message Shrinkwrap contracts or shrinkwrap licenses are boilerplate contracts packaged with products use of the product is deemed acceptance of the contract Web wrap click wrap and browse wrap are related terms which refer to license agreements in software which is downloaded or used over the internet A software license agreement is commonly called an end user license agreement or EULA The term shrink wrap describes the shrink wrap plastic wrapping which coats software boxes or the terms and conditions which comes with products on delivery Shrink wrap assertions are unsigned permit understandings which state that acknowledgement on the client of the terms of the assertion is demonstrated by opening the shrink wrap bundling or other bundling of the product by utilisation of the product or by some other determined instrument Contents 1 United States 2 See also 3 References 4 Further readingUnited States editThe legal status of shrink wrap contracts in the US is somewhat unclear In the 1980s software license enforcement acts were enacted by Louisiana and Illinois in an attempt to address this issue but parts of the Louisiana act were invalidated in Vault Corp v Quaid Software Ltd and the Illinois act was quickly repealed 1 Case history also fails to clear up the confusion One line of cases follows ProCD v Zeidenberg which held such contracts enforceable see e g Bowers v Baystate Technologies 2 and the other follows Klocek v Gateway Inc which found the contracts at hand unenforceable e g Specht v Netscape Communications Corp 3 but did not comment on shrink wrap contracts as a whole These decisions are split on the question of consent with the former holding that only objective manifestation of consent is required while the latter require at least the possibility of subjective clarification needed consent In particular the Netscape contract was rejected because it lacked an express indication of consent no I agree button and because the contract was not presented directly to the user users were required to click on a link to access the terms However the court in this case did make it clear that Reasonably conspicuous notice of the existence of contract terms and unambiguous manifestation of assent to those terms by consumers are essential if electronic bargaining is to have integrity and credibility 4 See also editData General Corp v Digital Computer Controls Inc SoftMan Products Co v Adobe Systems Inc Vernor v Autodesk Inc Contract of adhesion another name for a take it or leave it contractReferences edit Epstein Michael A 2006 Epstein on Intellectual Property Aspen Publishers Online pp 11 80 ISBN 978 0 7355 5983 7 Contracting Case Law Brower v Gateway 2000 13 August 1998 retrieved 5 March 2011 Archived copy PDF www nysd uscourts gov Archived from the original PDF on 12 July 2001 Retrieved 13 January 2022 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Specht 306 F 3d 17 Further reading editDoctorow Cory 3 February 2007 Shrinkwrap Licenses An Epidemic of Lawsuits Waiting to Happen InformationWeek Retrieved 3 February 2007 Halbert Debora December 2003 The Open Source Alternative Shrink Wrap Open Source and Copyright Murdoch University Electronic Journal of Law Retrieved 20 February 2007 Intellectual Property and Contract Law for the Information Age Retrieved from https en wikipedia org w index php title Shrinkwrap contract law amp oldid 1225170988, wikipedia, wiki, book, books, library,
