[Gllug] Evesham/Linux for a small business

Jason Clifford jason at ukpost.com
Thu Nov 6 17:04:22 UTC 2003


On Thu, 6 Nov 2003, Doug Winter wrote:

> AIUI this isn't entirely the case - admittedly this is from the US, but
> in ProCD Inc. v Matthew Zeidenberg and Silken Mountain (1996) the court
> drew parallels with other items where conditions are applied subsequent
> to purchase, such as airline tickets, and used this to rule in favor of
> an EULA applying.

You stated it's from the US - in that case it's meaningless here.

More local case law (Scots only though) decided that shrink wrap licenses 
are not enforcable.

> Various other courts have found in favour of subsequently applied
> conditions, such as in Hill v Gateway (1997), following ProCD.

Where was this? US again?

> So, yes, these cases are from the USA, but their Uniform Commercial Code
> isn't that dissimilar to our common law, Sales Of Goods Act and so forth.

Airline and other similar tickets are not a good example as there is 
specific legislation to allow for how conditions are (not) given out.

Jason
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