On Tue, 16 May 2000, Kevin D. Clark wrote:
>> If Microsoft's products ... cause you to lose time/money/resources, why
>> can't they be held accountable?
>
> IANAL, but the last time I actually read a shrink-wrap license carefully,
> I recall reading that by agreeing to this license, I gave up that right.
ObDisclaimer: IANAL either.
I have heard from many sources (some of whom were in a position to know, if
not actual lawyers) that attempts to disclaim all liability are not legal.
"We have no liability" statements supposedly, generally do not hold up in
court. However, the "We are not liable for more then the purchase price"
disclaimers are acceptable. [1]
However, the UCITA [2], already approved by the National Congress and before
the legislature in the states, will make such "shrink wrap" disclaimers legal.
That is why the UCITA is so dangerous, and why everyone should be fighting
tooth and nail to prevent it from being passed. The software industry is
lobbying like *crazy* to get this passed, of course, as it gives them free
license to exploit the consumer like never before. Write your state
government representatives today!
Footnotes
---------
[1] When asked about the logic behind this, one source replied: "You're right,
that doesn't make sense. There is no requirement for law to make sense."
[2] Uniform Computer Information Technology Act, Article 2B of the Uniform
Commercial Code.
--
Ben Scott <[EMAIL PROTECTED]>
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