Re: Microsoft finally acknowledges the security drumbeats

From: Alun Jones (alun@texis.com)
Date: 02/15/02 

From: alun@texis.com (Alun Jones)
Date: Fri, 15 Feb 2002 19:40:43 GMT

In article <a4i6rp$2ef$2@samba.rahul.net>, kashe@rahul.net (Ken Ashe) wrote:
>>BTW. one thing I haven't heard discussed is what happens if some
>>13-year old buys one of these software packages with a "shrink-wrapped
>>license". Aren't they forbidden by law from entering into a binding
>>contractual agreement?
>
> I know things like credit card offers include terms wherein you certify
>that you're of legal age. My guess is they could get someone underage for
>fraud (or hold the parents liable for purchases) if they refused to pay the
>credit card bill.

Could be, but then again...

When I was at school (in England), we were told of a case wherein a minor, who
cannot be held liable for credit purchases of luxury items, had ordered two
stereos, and refused to pay for them. The court decided that while one might
make an argument that a modern youth might 'need' a stereo, he certainly
didn't need two, and so the second was a luxury item. As such, the store
could only press for payment on the first stereo.

This might be apocryphal, but it does show that such laws don't necessarily
always provide coverage for those cases - take, for instance, the case of
"Amateur Action", a California-based BBS, prosecuted in Utah for violating
community standards of decency. The prosecution was initiated by a postal
inspector who had said "yes" to "are you sure that the images on this site are
legal in your jurisdiction?" (or some similar question).

Alun.
~~~~

[Note that answers to questions in newsgroups are not generally
invitations to contact me personally for help in the future.] 

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