RE: Copyright and contract

["Jason Griffey" <Jason-Griffey@xxxxxxx>]

This isn't a hypothetical. This is almost exactly the way that
shrinkwrap licenses work vis a vis software purchases.

Jason

-----Original Message-----
From: Maher, David W. [mailto:dmaher@xxxxxxxxxxxxxxxx]
Sent: Tuesday, December 09, 2008 3:07 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Copyright and contract

My favorite example of taking contract too far is this hypothetical:

Percival Poet writes execrable verse, and is frequently savaged by the
critics who read the slim volumes he publishes at his own expense.
He finally decides he has had enough, and he shrink wraps his next slim
volume with a clearly legible notice:
"NOTICE: PURCHASE OF THIS SLIM VOLUME AND REMOVAL OF ITS CELLOPHANE
WRAPPER CONSTITUTES THE AGREEMENT BY THE PURCHASER TO REFRAIN FROM
CRITICISM OF THE VERSE CONTAINED THEREIN"

When a critic buys the volume, rips off the cellophane and blasts the
verse in TLS, Percival sues.

I doubt that any court would take this "contract" seriously.

David Maher
501 N. Clinton St. #1503
Chicago IL 60654


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