Subject: Re: OSD compliant shareware
From: "Chris D. Sloan" <>
Date: Sun, 18 Nov 2001 18:04:47 -0800

On Sat, Nov 17, 2001 at 08:59:21PM -0500, John Cowan wrote:
> As I said, action can give consent, and a restaurant menu is just as much a
> contract of adhesion (one-sided) as a Microsoft EULA.

On Sun, Nov 18, 2001 at 06:45:54PM -0500, John Cowan wrote:
> David Johnson scripsit:
> > A menu at a restaurant clearly lays out the "terms" of the contract: a 
> > particular price in exchange for a particular item. The fact that you pay fo 
> > the item after you have used it does not make it very much different from any 
> > other commercial transaction. 
> Not my point.  The menu is a contract you're stuck with: your only recourse
> is to go elsewhere if you don't like the terms.

I'm not sure I under stand your point.  In a restaurant, I go in and
order something.

> > Contrast this to the MS EULA. You think you are engaging in a typical 
> > commercial transaction. You pay your money and you get a shrinkwrap box. Then 
> > you go home, open it, and discover a piece of paper that says you have 
> > already agreed to terms you have never seen before.
> Typically the actual product (CD or whatever) is inaccessible without getting
> past the contract.  Caveat emptor.
> -- 
> John Cowan     
> Please leave your values        |       Check your assumptions.  In fact,
>    at the front desk.           |          check your assumptions at the door.
>      --sign in Paris hotel      |            --Miles Vorkosigan
> --
> license-discuss archive is at

Chris Sloan
license-discuss archive is at