[Gllug] Evesham/Linux for a small business

[Jason Clifford]

On Thu, 6 Nov 2003, Doug Winter wrote:

> > More local case law (Scots only though) decided that shrink wrap licenses 
> > are not enforcable.
> 
> Have you got a reference?  I'd be interested to see it.

I seem to have been wrong (although only partly).

The case is Beta Computers (Europe) Ltd v. Adobe Systems (Europe) Ltd.

You can find case notes on this at 
http://elj.warwick.ac.uk/jilt/cases/98_2rob/robertsn.htm

It seems that Lord Penrose, the judge in the case, held that the shrink 
wrap license is integral to the transaction however he also stated that 
the only contract is that which exists between the purchaser and the 
direct supplier.

He seems to have considered that the rights of the copyright holder are 
subsumed by the supplier which is inconsistent with copyright law in my 
opinion.

Interestingly the article linked to compares the situation with English 
law and concludes that it's likely that shrink wrap licenses have less 
validity here as Privity of Contract is not diluted in the UK as it is in 
the US.

I suppose it's all academic just now as there is no English case law. I 
have been told that the reason there is no English case law is that 
software firms have backed away from persuing it in the courts properly 
however I've not been able to source authoritative references to that.

Jason Clifford
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