Manifestation of Assent

Lawrence E. Rosen lrosen at
Wed Oct 30 05:57:53 UTC 2002

> Imagine if Twinkies were like software. You pay 50 cents for 
> them and take 
> them home. You open up the package and see a notice. The 
> notice says "you do 
> not own these Twinkies despite what your sales receipt may 
> say. By consuming 
> these Twinkies you agree not to disparage the taste of 
> Twinkies ever again. 
> If you do not agree, then you must return the the package to 
> the retailer, 
> who will not accept a return since the package was opened."

Want me to sue Twinkies for you?  Class action lawsuit?  What's the
cause of action?  You disparaged Twinkies despite the admonition?  You
didn't get your 50 cents back?  Bet you'll never buy Twinkies again!  

By the way, I think the Twinkies license provisions you cited are
unenforceable against you, an innocent consumer.  Sue in small claims
court without a lawyer.


license-discuss archive is at

More information about the License-discuss mailing list