[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: new laws proposed for shrink wrap software



PureBytes Links

Trading Reference Links

"J. Rodney Grisham" <grisham@xxxxxxxxxxx> warns:
>If this passes, the omega-list and all others like it will disappear
>because no one will be able to criticize software if the shrink wrap
>license prohibits it - yep, free speech contracted right out the
>window without your signature. 

I understand that commercial speech is not protected by the First
Ammendment, the way political speech is.  This has been a factor in
the tobacco lawsuits.  I wonder, though, where criticism of a product
falls.  If the bugs you point out do indeed exist, could they really
prevent you from mentioning them?

>Moreover, you won't necessarily be able to read the license before
>you purchase a product if I read the articles correctly (I was
>reading fast).  This is an amazing proposal. 

Amazing indeed.  I'd think something like this would be clearly
unconstitutional.  I'd hate to be the one to test it though.

>I leave it to your imagination how it may effect Omega products. 

You'd think a few well-publicized lawsuits by some software company
muzzling its customers might scare off new customers.  For a
company like Omega that depends on fresh meat for their income,
you'd think that'd hurt.  Of course, that would depend on the
press mentioning the lawsuits.

Jim