Licenses Under Wrap
Information Today, Vol. 22, No. 9, p. 17, October 2005
3 Pages Posted: 15 Jul 2010
Date Written: October 2005
Abstract
Shrink-wrapping is a standard practice for the purchase of software, with most software purchased subject to a license–packaged under the shrink-wrap–which restricts how that software can be used. These licenses are now common and are used to control the number of users, reverse engineering, and unauthorized use. By encasing the license within the shrink-wrapped packaging, these “shrink-wrap licenses” become enforceable simply by the act of removing the shrink-wrap.
Recently, some print publishers have begun enclosing shrink-wrap licenses with traditional books. The American Bar Association’s ABA Journal reported that the Maryland State Bar Association’s member directory was shipped with a license that limited copying except for individual use. Before the lawyer jokes begin, shrink-wrap book licenses have also been reported in a directory of medical practitioners and several library reference books.
The obvious questions are whether these types of agreements are enforceable, effective as a practical matter, and perhaps the most important question: Are they a good idea?
Keywords: copyright law, licensing, license agreements, lawsuits, shrink-wrap licenses, enforcement, contract law, contract of adhesion, consideration, fair use, free speech, books, digital resources
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