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