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mcherm : shrinkwrap   28

Wait A Second!: 2d Circuit upholds arbitration agreement in Uber cellphone app
Can a "click through" agreement in a mobile app enforce an agreement to engage in binding arbitration? Yes.
law  via:WaitASecond  personal_net  arbitration  shrinkwrap 
january 2018 by mcherm
Beware the IP non-assert clause in AWS cloud service agreement, warns ex-Microsoft patent chief - Blog - Intellectual Asset Management (IAM) - Maximising IP Value for Business
Amazon has a clause in the AWS terms of service that says you promise not to assert IP rights against them or other users of AWS. They have actually asserted it in court.
law  ip-law  patent  copyright  trademark  cloudcomputing  amazon  shrinkwrap  contractlaw  via:HackerNews 
july 2015 by mcherm I Do Not Agree To Your Terms
Apple sends email saying: "you agree to stuff including indemnifying us unless you reply to this opting out".
law  shrinkwrap  contractlaw  apple 
june 2015 by mcherm
The most undeceiveable "I have read the Terms Of Service" ever
An Terms And Conditions you are really supposed to read.
law  funny  shrinkwrap 
june 2014 by mcherm
Sony sued over PSN "can't sue us" clause – Video Games Reviews, Cheats |
Sony had an idea: they put a "you can't sue us with class-action" clause in their contracts. Then others (Microsoft, Electronic Arts) did the same thing. Now Sony is getting sued (as a class action) for unfair business practices. Will something like this be allowed? Would that end class actions forevermore?
law  contractlaw  shrinkwrap  sony  via:HackerNews  classaction 
december 2011 by mcherm
No, you don't own it: Court upholds EULAs, threatens digital resale
Court basically says it's easy to declare a sale to be a "license" and kills off the doctrine of first sale.
law  contractlaw  shrinkwrap  firstsale 
september 2010 by mcherm
GPL Enforcement in Apple's App Store — Free Software Foundation
Do the license terms for Apple's AppStore introduce additional restrictions forbidden by the GPL so that distributing GPL software via the AppStore violates the license?
law  contractlaw  shrinkwrap  licensing  copyright  ip-law  GPL  apple  appstore  via:HackerNews 
may 2010 by mcherm
Why Our Civilization's Video Art and Culture is Threatened by the MPEG-LA
Apparently a cartel with patents on video encoding ensures that essentially all cameras sold have a license that prohibits making "commercial" videos.
law  ip-law  video  patent  shrinkwrap  via:slashdot 
may 2010 by mcherm
Gamers risk everlasting limbo as retailer adds 'immortal soul' clause to sale conditions |
More about the 'immortal soul' section of the license. It was done on April Fool's day, and the company intends to return the souls (via an email) now that it's over.
funny  contractlaw  shrinkwrap  law 
april 2010 by mcherm
Fine Print Says Game Store Owns Your Soul
This is completely absurd and not credible. Their fine print had a clause saying they owned your soul. Or you could opt out an receive a gift certificate. They say that 12% actually opted out... but do you REALLY believe that as many as 12% read the fine print?
shrinkwrap  funny  law  contractlaw  via:slashdot 
april 2010 by mcherm
Even Amazon can't keep its EULA story straight Boing Boing
Amazon says they don't sell eBooks, they license them with limited rights. And they do this of their own volition, not because publishers insisted.
amazon  ip-law  law  shrinkwrap  books  ebooks  copyright  CoryDoctorow  via:boingboing  eula 
january 2010 by mcherm
The Unconcionability of Arbitration Agreements in EULAs.
An article on how shrinkwrap licenses combined with mandatory arbitration can be unfair.
law  contractlaw  shrinkwrap  arbitration  via:boingboing 
december 2009 by mcherm
Autodesk, eBay seller suit could impact sales of secondhand software - Legislation/regulation/privacy - ComputerworldUK
I know a little about what US law says about the first sale doctrine; what about UK law? The CD publisher prevented someone from selling secondhand CDs on the grounds that they were only licensed, not bought, and resale is not allowed. He counter-sued.
law  via:slashdot  shrinkwrap 
september 2009 by mcherm
License Agreement for a Public Park - Boing Boing
HSBC bank runs a park for a day (nice, clever marketing promotion). They plaster it with an incredibly long "license agreement" to set foot in the park (not nice, not clever, and really bad marketing).
shrinkwrap  law  contractlaw  eula  banking  advertising  via:boingboing 
july 2009 by mcherm
YouTube - "I Agreed to WHAT?!" Re-envisioning License Agreements and Privacy Statements
The results of a some actual research into how to present a legal agreement (in the context of something you click through when installing an application) and get users to actually READ it.
law  marketing  contractlaw  communication  licensing  shrinkwrap 
july 2009 by mcherm
Larry Osterman's WebLog : The ducking whitepaper is now online
This is an example of something I wouldn't read because of legal agreements before accessing content.
mypostings  ip-law  copyright  shrinkwrap 
november 2008 by mcherm
DHS perfects the abusive EULA - Boing Boing
This department of homeland security website tries to get you to agree to give up your rights before you begin reading it. The funny bit (to me) is that you can still continue if you close the pop-up box instead of agreeing.
eula  shrinkwrap  law  funny  via:boingboing 
october 2008 by mcherm
Kids need to agree to 120+ pages of EULAs in order to watch BluRay Sleeping Beauty - Boing Boing
Disney DVD of Sleeping Beauty requires agreeing to hundreds of pages of legal text. Is there any child anywhere who is capable of meaningfully agreeing to this mess?
law  ip-law  via:boingboing  shrinkwrap  EULA  disney 
october 2008 by mcherm
Court smacks Autodesk, affirms right to sell used software
Is software sold? Can the "license" prevent resale of used software? This court held that the first sale doctrine applied, but the story is far from over.
law  ip-law  shrinkwrap  licensing 
may 2008 by mcherm
Dear Virgin Media: if Net Neutrality is "bollocks" then you can get stuffed - Boing Boing
Here's how you respond to foolish statements by CEOs: write a letter claiming they are violating the terms of your contract and demanding action, then post it to your website which is one of the world's most trafficked.
via:boingboing  CoryDoctorow  shrinkwrap  law  netneutrality  virginmedia  evil  isp 
may 2008 by mcherm
The Patry Copyright Blog: Turn-It-In and Kiss-It-Goodbye
Schools require students to send papers to "" a company that checks for plagiarism. But the company requires onerous "click-through" licenses.
kidsrights  shrinkwrap 
april 2008 by mcherm
SPSS and My Outrageous Software Licensing Experience — Software by Rob
An example of abuse of shrinkwrap licenses: until after purchase and install, you cannot see the license that prohibits resale. Yet because the license prohibits it, Amazon won't allow resale.
ip-law  shrinkwrap  copyright  blogentry 
october 2007 by mcherm
The Small Print Project »
A brilliant take on shrinkwrap licenses: this is a license that commits you to not enforcing any shrinkwrap licenses and is enacted by reading it.
law  shrinkwrap  EULA  via:boingboing 
august 2007 by mcherm
A tool to automatically read end user license agreements and analyze them for good and bad provisions.
law  ip-law  funny  shrinkwrap  security  EULA  rights 
june 2007 by mcherm

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