Re: Electronic Publication

In article <IqML5r.CIp@xxxxxxxxxxx>, whheydt@xxxxxxxxxxx (Wilson Heydt)
wrote:

> >People may, however--landlords not uncommonly do--sell you something on
> >condition that you give them permission to search your house under some
> >comditions, in order to make sure that you are abiding by other terms of
> >their contract with you.
>
> At elast in California, they're required to give you 24 hours notice, unless
> it's an emergency.

If California did not have such a requirement, would you regard someone
offering you a rental contract--which you could, of course, decline--as
violating your rights if it provided for inspection?

> Nor would the landlord have the right to go rummaging
> through your drawers. Such an inspection is purely to inspect the physical
> property.

The physical property is what he needs to inspect in order to check that
you are abiding by the terms of your rental agreement.

> Now if a company wants to give me 24 hours notice to have me show
> them that I possess a puchrased copy of a specific DVD, then the situation is
> a lot closer. But then, I haven't been offered a contract with the ability
> to negotiate the terms prior to purchase of a DVD the way I can when renting
> a house. (Is it worth noting that, so far as i know, shrink-wrap licenses
> have never actually been put to a full legal test? The EFFs claims against
> Sony/BMG include one about "unconscionable" clauses in their EULA and there
> is stuff in the complaint about "contract of adhesion".)

And do you agree with the idea--that no contract is valid unless
individually negotiated? If you were running, say, a car rental agency,
would it be in the interest of either you or your customers if the law
required that the terms of every individual rental agreement be
separately negotiated between you and the desk clerk at the rental
agency?

> >> Therefore, any set of computer programs that effectively searches my
> >> file cabinets without a warrant is a violation of my rights.
> >
> >No more than a non-disclosure agreement is a violation of your right of
> >free speech.
>
> You can chose not to sign an NDA or you can negotiate its terms.

Whether you can negotiate the terms depends on the party offering
them--he might have a standard contract, take it or leave it.

> You also get
> to see the full text of the NDA up front. Or are you claiming that an NDA is
> allowed to abridge civil rights?

You get to see the text of the NDA--and the fact that it is enforceable
only as a result of your agreeing to it is the reason it isn't abridging
your civil rights. On the contrary--one of my rights is freedom of
contract, and not permitting me to sign an NDA is an abridgement of it.

--
Remove NOPSAM to email
www.daviddfriedman.com
.

Relevant Pages

  • Re: Electronic Publication
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  • Re: Shouldnt men have choice too?
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    ... too late in the in the evening as the UCI ... rights when by contract you agreed to waive it, ... testing in any European professional sport, ...
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