On Fri, 2002-05-03 at 16:13, ed Tharp wrote:
> what ever happened to the concept of "average and reasonable" as in; "if the 
> average and reasonable person believes they have purchased a CD when they pay 
> their money and leave the store, and does not find out until after having 
> broke the shrinkwrap that the did NOT purchase a CD but instead bought an 
> electronic license device, did they buy a CD as they thought as they paid 
> their money? when is it a sale? and when is it a "lease"? does not the 
> perception of the average and reasonable consumer determine the fair business 
> practice in common commercial and retail law? does the averge joe typing a 
> letter on his 2gigHz pentium have a clue about the EULA? 

Ed,

I've read the EULA; I can say what it says and implies.  But for most of
the rest of your questions above, I think we could get a much better
idea of what's going on if a lawyer on the list here would contribute
his 2c worth.

I can give you a best guess to your last question, tho......Nope.


LX





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