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See Adobe v. Softman for the legal decision. They also established that software is SOLD not LICENSED when it is in a shrinkwrap package.
That's not true. Softman repackaged Adobe boxed sets as individual disks for resale and Adobe sued, claiming it was a violation of the software license. What allowed the court to find for Softman was the fact that agreement with the license is signified by clicking "I accept" or "I agree" or whatever the button was labelled.
Because Softman didn't actually install the software itself, it never was presented with the "I agree" button, and never agreed to the license. In other words, the court never had to decide whether an AGREED-TO shrinkwrap license is enforceable because this case didn't present one. - Posted by: none none Posted on: 11/18/03 You are currently: a Guest | Members login | Terms of Use
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