Re: [Videolib] Q about shrinkwrap licenses or PPR after

Ciara Healy (cmhealy@waketech.edu)
Tue, 23 May 2006 10:04:01 -0400

I am familiar with shrinkwrap licenses with computer software but not on
media (DVD or VHS). Basically there is a sticker on the item on the
outside of the wrapping. Opening the wrapping, says the sticker,
confirms your consent to the terms of the license which is in even
smaller print on the rest of the sticker. I don't see this so much
anymore since you must click the "I accept" button when you load
software. But if you were not allowed to return opened items and could
not get at the license agreement until you tried to load the item and
then wanted to return it because you didn't like the terms of the
license, it makes sense to have the very fine print on the outside.

Perhaps the point is moot since there is no way to negotiate the
terms anyway. You have the option to accept or reject the terms of any
download or software package but not to set those terms or participate
in creating those terms. For instance, I don't get to sign on or agree
to purchase public performance rights on a video if the price has been
set to include them and the company does not hell home use videos to
educational institutions. Similarly, if I open the shrinkwrap item, I am
agreeing to the terms. But, in my experience, shrinkwrap licenses often
merely restate the existing standard license agreements. It functions as
a way of letting people know what they are limited to or free to do
before opening the item and thereby making it unreturnable.

A while ago on this list (I think it was this list) someone posted a
message about the CD-ROMs in the back of books having much more limited
use than the book. Like, the CD-ROM it could only be used a certain
number of times or used in certain ways. It came with the book but the
terms of use for the CD-ROM were not made clear and so some libraries
took out the CD-ROMS, other put big labels on the CD holder etc. The
limitations were printed right on the CD-ROM and I am sure the license
details were not included in the blurb on the aggregator's website when
the librarian bought the book with CD-ROM.

Ciara
>>> mseligman@portnet.k12.ny.us 5/23/2006 8:07 am >>>
I agree with you, Jessica. This would appear to be setting the rules
after
the game has begun. I've never come across a situation like this. How
common
is it?

Mary Seligman
Library Media Specialist
Paul D. Schreiber High School
Port Washington, NY

videolib@lists.berkeley.edu on Monday, May 22, 2006 at 4:41 PM -0500
wrote:
>I don't see how this is enforceable. It is certainly possible to limit
a
>right by CONTRACT but short of either a signature or e mail etc
confirming
>that the purchasing party is aware of the limitation it does not seem
to be
>legal. The seller is asking the buyer to agree to limitation beyond
what the
>law allows and it would seem that a specific record of agreement would
be
>Necessary but I eagerly await stories as well
>
>Also did any notice of such limitation appear on sellers web sit,
>promotional material etc. That of course could make a difference
>
>
>On 5/22/06 3:42 PM, "M. Claire Stewart"
<claire-stewart@northwestern.edu>
>wrote:
>
>> Hi folks, two quick questions:
>>
>> Has anyone received notification AFTER a video title purchase was
>> completed that the purchase did not include certain rights, such as
>> right to perform in the classroom, etc.?
>>
>> Has anyone encountered a shrinkwrap license on a tape or disc? In
>> this instance, a shrinkwrap license would be something that
>> accompanies the physical media and sets forth usage or other terms;
>> it need not actually be under shrinkwrap, but would be something
>> perhaps inside the media box or part of the labeling.
>>
>> Thanks in advance for any stories, replies,
>>
>> Claire
>
>
>
>Proud Resident of a BLUE STATE
>
>Jessica Rosner
>Kino International
>333 W 39th St. 503
>NY NY 10018
>jrosner@kino.com
>212-629-6880
>
>
>VIDEOLIB is intended to encourage the broad and lively discussion of
issues
>relating to the selection, evaluation, acquisition,bibliographic
control,
>preservation, and use of current and evolving video formats in
libraries and
>related institutions. It is hoped that the list will serve as an
effective
>working tool for video librarians, as well as a channel of
communication
>between libraries,educational institutions, and video producers and
>distributors.

Ciara Healy
Media Services Librarian

Bruce I. Howell Library
Wake Technical Community College
9101 Fayetteville Road
Raleigh, NC 27603

(919) 773-4724
cmhealy@waketech.edu

VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.