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Uniform Commercial CodeUniform Commercial CodePosted Oct 5, 2004 14:02 UTC (Tue) by ncm (subscriber, #165)In reply to: A ruling in the bnetd DMCA case by job Parent article: A ruling in the bnetd DMCA case The key word in connection with shrink-wrap licenses and the like is "UCC". In the US, the Uniform Commercial Code provides that vendors cannot impose extra conditions on the buyer after money has already changed hands. Whatever it says on the outside of the box is precisely what you get, and you have an absolute right to do whatever it takes to get the full use of what you paid for. (Therefore, owning and running DeCSS is permitted; it is only delivering it to somebody else that the the DMCA forbids.) EULAs packed in the box are waste paper. Likewise, a sticker that says "by breaking this seal, you agree...". Likewise, a pop-up window in the installer that says "by clicking this button you agree...". Don't read them, just rip through them and go about your business. The same applies to printing on the back of a theatre ticket that says "no refunds": you already paid, so they are obliged to either deliver, or refund your money, regardless of attempts at magical incantation after the fact. In court, the defense is the same in all cases: "I didn't read it. I had already paid my money. They can't impose extra conditions after the sale." Warning: In the Second Circuit an unfortunate decision may be interpreted to override the UCC. Also, I am not a lawyer, so the above ain't legal advice.
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