RE: Auto Complete Password Caching

From: Andrew Wordsworth (awordsworth@armorgroup.com)
Date: 06/27/02


From: Andrew Wordsworth <awordsworth@armorgroup.com>
To: 'Mark Medici' <mark@dbma.com>, security-basics@securityfocus.com
Date: Thu, 27 Jun 2002 09:19:58 +0100

Where software licenses differ is that there is an act of acceptance opening
the wrap clicking the button. Courts have generally accepted that that is
sufficient.

Email footers on the other hand can impose no obligation on the recipient
intended or unintended. They are part of that weird corporate culture.
"being seen to be doing something". A footer can point something out and
inform but it cant command.

Andrew

-----Original Message-----
From: Mark Medici [mailto:mark@dbma.com]
Sent: 26 June 2002 15:12
To: Burton M. Strauss III; security-basics@securityfocus.com
Cc: Nicholas.McKenzie@ernstyoung.com.au; Cameron Turner
Subject: RE: Auto Complete Password Caching

Burton wrote:

> I can't imagine that these disclaimers would hold up. At best, these
> disclaimers seem to be an offer, in the contract law sense.
> But the essence
> of contract law is two (or more) parties of reasonably equal
> ability to
> contract and an agreement (with evidence, such as action
> according to the
> contract or signatures).

What about Software Licenses? Does the licensee have a "reasonably equal
ability" to modify the terms of the contract? No, it's a "take it or leave
it" situation. Perhaps the same logic applies to the disclaimer: If you
don't agree, send-back or delete the email.

Personally, I think you're right and that these disclaimers are just silly
(bordering on arrogant) and unenforceable. But I feel the same about most
software licenses, and somehow they manage to persist.



Relevant Pages

  • RE: Auto Complete Password Caching
    ... Where software licenses differ is that there is an act of acceptance opening ... > disclaimers seem to be an offer, in the contract law sense. ...
    (Security-Basics)
  • Re: just SCO but look at FSF....
    ... hammer out a business contract, that allows me to use your software, ... Have you read License 6, EULA, GPL, LGPL, BSD ... software licenses are probably the most common legal ... code scribbled by IBM and others based upon their Unix source license. ...
    (comp.unix.sco.misc)