- Step-Saver Data Systems, Inc. v. Wyse Technology
-! bgcolor="6699FF" | Case opinions
-! bgcolor="6699FF" | Laws applied
U.C.C. § 2-207"Step-Saver Data Systems, Inc. v. Wyse Technology", [http://www.openjurist.org/939/f2d/91/step-saver-data-systems-inc-v-wyse-technology 939 F.2d 91] (3rd Cir. 1991) was case in which the legality and history of
computer EULAs was explored. The court noted, "When these form licenses were first developed for software, it was, in large part, to avoid the federal copyrightlaw first sale doctrine" thus the intent of EULAs after 1990 were to preempt federal statutes using contract law and that they serve no purpose besides attempts to preempt consumer rights in other statutes.
In this case, the
U.S. Court of Appeals for the Third Circuitheld that a EULA disclaimer waiving all express and implied warranties, printed on the outside of the box, was not binding. Step-Saver repeatedly bought Multilink Advanced, an allegedly MS-DOScompatible operating system, from The Software Link (TSL). On each box was a shrink wrap license disclaimer; "software sold AS IS, without warranty; TSL disclaims all express and implied warranties; if you don’t agree to this disclaimer return the product, unopened, to TSL for a refund.". Step-Saver sued TSL, claiming that Multilink Advanced was not MS-DOS compatible. The court ruled that the EULA was not enforceable and that the sole reason of the EULA after 1990 was to preempt federal statutory and constitutional laws. This matter, however, involved a negotiated transaction between two businesses, and the licenses varied terms between the shrink wrap license and the sale terms which were already negotiated, over the telephone.
The questions raised about constitutional and statutory preemptions from this case however has been re-argued in other cases such as "
Softman v. Adobe" and " Novell, Inc. v. CPU Distrib., Inc." in which the preempted federal statutes have been enforced over the EULA terms, thus invalidating that part of the EULA.
* [http://cyber.law.harvard.edu/metaschool/fisher/contract/cases/step.htm Full Text of the Opinion]
Wikimedia Foundation. 2010.
См. также в других словарях:
SoftMan Products Co. v. Adobe Systems Inc. — Infobox Court Case name = SoftMan Products Co. v. Adobe Systems court = United States District Court for the Central District of California imagesize = 95 date decided = October 19, 2001 full name = SoftMan Products Company, LLC v. Adobe Systems… … Wikipedia
List of copyright case law — The following is a list of cases that deal with issues of concern to copyright in various jurisdictions. Some of these cases are leading English cases as the law of copyright in various Commonwealth jurisdictions developed out of English law… … Wikipedia
Software license agreement — EULA redirects here. For the community, see Eula, Texas. A software license agreement is a contract between the licensor and purchaser of the right to use software. The license may define ways under which the copy can be used, in addition to the… … Wikipedia
Software copyright — Software copyright, the relatively recent extension of copyright law to machine readable software. It is used by proprietary software companies to prevent the unauthorized copying of their software. It is also used by proponents of open source… … Wikipedia