View Single Post
Old 12-30-2007, 04:50 PM   #11
Bobblehead
Franchise Player
 
Bobblehead's Avatar
 
Join Date: Jul 2005
Location: in your blind spot.
Exp:
Default

In the US there is currently contradicting case law on the validity of click-wrap or shrink-wrap agreements.

This also exists in Canada:
Quote:
In Canada, consumer intellectual property goods are, in principle, subject to what is frequently called a first sale doctrine. Once a physical item containing intellectual property, such as a book, audio CD or video tape has been sold, the end user may, at his/her discretion, physically move, resell, lend or annotate (e.g. write notes in the margins of a book) the item. Indeed, the owner can do nearly anything to the item, short of produce additional copies or violate the creator's moral rights.
http://strategis.ic.gc.ca/epic/site/.../rp00585e.html

If you don't like how it will be used, you have the right not to sell it. But in the case of shrink-wrap agreements, the article in question has already been sold.
__________________
"The problem with any ideology is that it gives the answer before you look at the evidence."
—Bill Clinton
"The greatest obstacle to discovery is not ignorance--it is the illusion of knowledge."
—Daniel J. Boorstin, historian, former Librarian of Congress
"But the Senator, while insisting he was not intoxicated, could not explain his nudity"
—WKRP in Cincinatti
Bobblehead is offline   Reply With Quote