[linux-elitists] Who needs UCITA when ... ([wild@eff.org: [E-IP] Fwd: Click-Wrap Software License Agreement Held Enforceable Under UCC])

Seth David Schoen schoen@loyalty.org
Fri Feb 8 15:25:14 PST 2002

(bad news here)

----- Forwarded message from Will Doherty <wild@eff.org> -----

From: Will Doherty <wild@eff.org>
Subject: [E-IP] Fwd: Click-Wrap Software License Agreement Held
Date: Fri, 08 Feb 2002 15:07:30 -0800

> Click-Wrap Software License Agreement Held Enforceable Under UCC
> Clicking on the "I agree" box during the installation of software is an
> explicit acceptance of the terms of the accompanying software license
> agreement under the Massachusetts Uniform Commercial Code, notwithstanding
> the existence of a prior purchase order governing the transaction. I. LAN
> Systems, Inc. v. Netscout Service Level Corp., No. 00-11489-WGY (Jan 2,
> 2002). The court assumed (without finally holding) that the software
> license agreement was governed by the UCC even though there is no sale of
> goods within the meaning of UCC Article 2, because the treatment of
> software license agreements under the UCC best meets the expectations of
> the parties to business transactions. The software license agreement was
> held to be enforceable either under UCC 2-204 as the acceptance of an
> offer, or under UCC 2-207 as the acceptance of additional, non-material
> terms that did not conflict with the provisions of the purchase order.
> The opinion is available at
> http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=young/pdf/i
> lan%20systems.pdf

----- End forwarded message -----

Seth David Schoen <schoen@loyalty.org> | Reading is a right, not a feature!
     http://www.loyalty.org/~schoen/   |                 -- Kathryn Myronuk
     http://vitanuova.loyalty.org/     |

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