talbotlucas.org: a word to the wise is sufficient

LawMeme features a post dated 10 February 2003 entitled "Suing Over Shrinkwrap." James Grimmelmann summarizes the dilemma and the complaint:

Shrinkwrap licenses typically tell you that if you don't accept their terms, you can't use the software. Equally typically, you can't actually read the license until you've opened the box. But most software retailers won't accept returns on opened software. Catch-22.

Well, one California woman has filed a class action suit over the practice. She names as defendants both software makers -- like Microsoft and Symantec -- and software retailers -- like Best Buy and CompUSA. She claims their actions, taken together, constitute unlawful business practices and have "unfair chilling effects" on consumers. The complaint also includes a request that whichever unspecified clauses in the licenses that violate California consumer law be removed.

Now, it's not the case that everything that's wrong with software licensing could be fixed just by letting consumers see the licenses before they buy. There are substantive problems here, not just procedural ones. But some of the suit's proposed remedies -- copies of licenses posted in stores and on the web for easy inspection -- make a great deal of sense, even if relatively few people actually do read them while on line at the cash register.

The LawMeme story includes a link to a .pdf of the complaint. Very interesting, not only because we're discussing shrinkwrap in my Contracts class, but also because of the ubiquity of this type of contract.