(Continued from previous message)


DB> If you can see the licence conditions prior to expressing your
DB> agreement (as in the case of disks in envelope, *especially* if
DB> the conditions are on the outside of the package), then the matter
DB> changes.

Doesnt explain signs in parking stations and supermarkets Dave.

DB>> Prima facie, it would seem that in many circumstances a vendor's
DB>> "shrinkwrap licence" *would* be valid,

RS> Nope, as the ticket example shows so clearly, it aint that simple.

DB> The ticket is post agreement - the shrinkwrap can actually be pre
DB> agreement;

And the signs arent.

and no, the situation "aint [sic] that simple" in any case.

RS> And IMO the dearth of legal actions attempting to use those
RS> shrinkwrap licenses to bludgeon customers, shows very very
RS> clearly that what they think is the chance of success.

DB> It hasn't occurred to you that vendors aren't flooding the
DB> courts with cases because they haven't had a need to?

Or it could just be that they have a pretty fair idea what deep shit
they would be in if they tried that and lost.

DB> If you were breaching their licence conditions with some commercial
DB> venture which they felt was losing them money, chances are they
DB> *would* file a suit (again, which way the court would decide depends
DB> on the individual case).

Sounds good Dave. In practice they dont. That to me is very significant.

RS> For example if MS tried to impose a condition that you could not use
RS> their compilers to produce an EXE which was OS2 native...

DB> ...would beg the question, why are MS' compilers{*} producing
DB> native OS/2 applications (and MS are publishing that fact) if they
DB> didn't want people to use that feature?  {*} Ending with MSC6.

You are comprehensively confusing two different issues here. Yes, its
quite natural for a supplier to not provide assistance to the user of
the package to produce EXEs for a competitors OS. Thats got nothing
whatever to do with whether they could purport to require you with a
shrink wrap contract to never produce an EXE for a competitors OS tho.
They wouldnt stand a chance of doing that.

DB>> References:

DB> ...
RS> Looks good Dave

DB> Unlike you Rod, I don't have a problem giving people pointers to
DB> where they can find out more information (for or against my position).

Bullshitting away like mad Dave. In fact what you did cite doesnt prove
a damned thing that you claimed was the law. Spurious citations aint
much use.

--- PQWK202