Shrink-wrap licensing

[Mark Wells]

On Tue, 2 May 2000, Rod Dixon, J.D., LL.M. wrote:

> Here's another one: if you walk into a computer store and steal a copy of
> Microsoft Windows 2000 (...because it costs too much;-)) (with the
> shrinkwrap license in place), are you bound by the license if you break open
> the shrink wrap? Does the license bind a thief as well as a buyer?

There are, of course, much easier and safer ways to steal a copy of
Windows 2000.  Are _they_ exempt from the license also?

If the license is a contract, to which the end user agrees by buying a
copy of the software, why does the end user give the money to someone
other than Microsoft?

Or, to examine a different issue, what does the end user receive from
Microsoft in exchange for a chunk of money and the acceptance of
restrictions on certain rights (such as reverse engineering)?  Microsoft
doesn't _grant_ the end user the right to use the software or to make
archival copies--these are already allowed under copyright law, and the
user is expected to surrender other rights. This seems like a gratuitous
contract.

It may be argued that the software vendor is in the same position as a
publisher of books: as the owner of the copyright, it can charge for
copies.  The problem is that the book publisher (or recording company, or
movie studio, or other publisher) never claims that buying a copy of their
book constitutes acceptance of a contract.