Subject: Re: OSD compliant shareware
From: David Johnson <david@usermode.org>
Date: Sun, 18 Nov 2001 11:59:09 -0800

On Saturday 17 November 2001 05:59 pm, 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.

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. 

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.

If this were the way restaurants worked, then your salad would come with a 
note saying that by eating the salad you agree to pay for the filet mignon 
that you haven't ordered. And you have to pay for the salad whether you eat 
it or not.

-- 
David Johnson
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