Windows Media Player user license extensions
Roland Perry
roland at linx.net
Wed, 3 Jul 2002 09:29:03 +0100
In message <memo.20020702231136.336D@nikb.tcp.co.uk>, Nick Barron
<nikb@cix.co.uk> writes
>On a related note, has there been any case law to back up the "click here to
>agree" licence agreements? ISTR some discussion that they're not entirely
>kosher, so to speak...
Related subjects have rumbled on for at least 15 years, with no progress
being made.
The last time I looked at "shrinkwrap" licences in detail, it appeared
that software licences were not covered by the sale of goods act, nor by
unfair contract terms legislation, because of the specific legal nature
nature of the thing [rights to use] being 'sold'. The best protection
available is perhaps the ability to get your money back.
As for "click here", it's probably easy to show that you *had* to click
in order to se the product at all. Whether it matters that you've chosen
not to read all the small print before doing so is probably back at the
same criteria as to whether "unfairness" rules can apply.
Given that very few organisations (many of which have formidable legal
departments) force you to scroll through the whole thing, I'm inclined
to think they have the law on their side, rather than being part of a
global conspiracy to make the users think they have.
--
Roland Perry