[free-sklyarov] Seybold and "contracts"

[Matthew T. Russotto]

Christopher R. Maden wrote:

> Another excellent point he made was that fair use may not be relevant to 
> the debate here.  If the *contract* for using a piece of intellectual 
> property, like the licensing terms on an ebook, specify certain 
> restrictions, then fair use doesn't come into play.  If customers don't 
> want to abide by the terms of the contract, they should refuse to enter 
> into it in the first place.

This is fine for regular contracts -- the kind hammered out by both
sides over a bargaining table.  But for these contracts of adhesion
where you supposedly consent to the contract automatically by buying a
product or by clicking on some agreement after you buy it, it's a
whole different matter.  Their legality has been questionable for a
long time.  There's a law (UCITA) which gives them full force, but it
has only been passed in Maryland and Virginia.  The rest of us aren't
stuck with it.  If you accept the sanctity of such e-book "contracts"
where you give up your fair use and first sale rights, you must also
accept the Microsoft contract which forbids you from using their
products to disparage Microsoft, MSN, Microsoft products, etc.  I
reject both.