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Shrinkwrapped Tool Piracy?
Posted by Badri Natarajan on Sunday, November 16 @ 13:57:10 EST Contracts

This story is a few weeks old, but I just ran across it, and couldn't resist posting it.

Basically, a small woodworking tool manufacturer, Stots Corporation, includes a license agreement on its TemplateMaster jig tool. The tool is licensed, not sold, and customers cannot sell it or lend it to others. Nor can they sell or lend the jigs they make with it.

This expansion of IP rights is getting so extreme - what's next? Books sold under a shrinkwrap licence that limits which pages you can read? Or prevents you from lending it to someone?

You know, it just occurred to me - this links in with the Skylink garage door opener DMCA case, where the court found that use of a replacement garage door opener from a competitor did not violate the DMCA rights (access controls) put in place by Chamberlain (the original garage door maker). The ruling hinged on the fact that Chamberlain did not anywhere (packaging, websites) prevent consumers from using other manufacturer's remotes - so the core DMCA issue was left essentially untouched by the case.

In this context, it's just another example of how contractual terms are being used to cut down consumer ability to do what they want with their purchases - whether it is a jig or a garage door.

I find I am unable to comment further, due to the utter absurdity of the situation.

 
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Re: Shrinkwrapped Tool Piracy? (Score: 0)
by Anonymous on Monday, November 17 @ 20:31:37 EST
Somewhat more than a year ago I ran across an article regarding shrinkwrap licensing on medical books (the example in question was a book on seniors' health issues produced by a company specializing in geriatric pharmaceuticals), but a Google of my usual haunts hasn't turned it up, unfortunately. At any rate, it's already happening in some fields.


[ Reply to This ]


Key provisions and link to license (Score: 1)
by MasonWeisz on Tuesday, November 18 @ 11:38:56 EST
(User Info | Send a Message)
You may: a. use the Product (or any of the working templates produced using the Product or Process) in only one shop by the original purchaser only; b. make one (1) copy of the instructions for backup purposes, provided that you reproduce all proprietary notices on the copy; and c. use the Process described in the instruction book (multiple US patents pending) only with the original Product provided with the instruction book. You may not: a. allow individuals that did not purchase the original Product use the Product or any templates produced using the Product or Process described (without specific written permission from the Stots Corporation); b. modify, translate, reverse engineer, create derivative works based on, or copy (except for the backup copy) the instruction book; c. rent or lease the Product, templates produced using the Product and the Process, any rights granted by this license agreement, or accompanying documentation in any form to any person without the prior written consent of Stots which, if give, is subject to the transferee’s consent to the terms and conditions of this license; d. remove any proprietary notices, labels, or marks on the Product, documentation, and containers; and e. copy the Product using the Process (or any other means). http://www.stots.com/agree.htm [www.stots.com]


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Re: Shrinkwrapped Tool Piracy? (Score: 0)
by Anonymous on Tuesday, November 18 @ 16:49:23 EST
Do you know what the medical book shrinkwrapping did? What were the restrictions?


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