[quote name='PsyClerk'][quote name='jmcc'][quote name='BigHow']There's actually a whole area of ocntract law that covers this question, jmcc. Shrinkwrap laws, as they're often called, suggest that once you remove the shrinkwrap on the package, you've consented to the terms of the contract within. Of course, some software companies go even further by forcing you to tear a sticker that states you are agreeing to follow the contract.[/quote]
Cite statutes, please. If this is true I'm totally going to gain power of attorney over people at the next church bakesale.[/quote]
I believe it only applies to software and things of that nature. Do you ever read the EULAs on games?[/quote]
Psyclerk is dead on here. Shrinkwrap contracts apply strictly in a software context, and even then it's applied only to licensed software.
Though the shrinkwrap laws have never been codified in state statute, the courts have developed this principle through jurisprudence. Primary among the shrinkwrap cases is Step-Saver Data Systems v. Wyse Technology and The Software Link (3rd Cir. 1991).
As for used copies of software, the courts are still conflicted. Section 106 of the Copyright Act outlines the exclusive rights enjoyed by owners of a copyright, including the exclusive right ''to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.'' Section 109(a), which forms the basis of the first sale doctrine, provides an important exception to § 106(3):
The owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.
Thus, under the first sale doctrine, ''a sale of a lawfully made copy terminates a copyright holder's authority to interfere with subsequent sales or distribution of that particular copy.'' The first sale doctrine is only triggered by an actual sale. Accordingly, a copyright owner does not forfeit his right of distribution by entering into a licensing agreement. Licensing theoretically avoids the first sale doctrine of the Copyright Act.
As for the jackhole who keeps claiming that you need to sign a contact - dude, you're wrong. Try getting educated before shooting off your mouth.