“All the analyses I’ve seen of the DVD DeCSS hearing have
missed a key event: this is the first widely-publicized case where
somebody has tried to enforce a “shrink-wrap” license.
Corporate lawyers until now have avoided testing such licenses in
court because they would risk having a judge declare for all to
hear that shrink-wrap licenses aren’t worth the pixels they’re
“Why is a shrink-wrap license, and its on-line relative, the
contract-o-matic, meaningless? After all, it reads like a contract.
The contract-o-matic even has an “I Agree” button. Surely, if you
click the button, you have legally agreed to something?”