From: lists at onryou.com (Cael Abal)
Subject: Re: Do you really think CDs will be protected
 in future?

Alan said:
> The whole question really comes down to this:
> 
> warranty of merchantability definition - a warranty of merchantability
> simply guarantees that goods sold are fit for the ordinary purpose for
> which the goods were sold... This is a general rule of fairness that
> what looks like a carton of milk in the supermarket dairy case really
> is drinkable milk and not sour or unusable. 

Damn it.  There goes my business plan of selling Golden Poison Frogs in 
a container indistinguishable from a bag of Oreos.

I think the real problem lies with the concept of hand-me-down 
Acceptable Use Policies / Licence Agreements -- that a party completely 
removed from a retail environment might be able to dictate conditions of 
a sale (and in some cases, resale!)  Although I'll readily admit that 
some restrictions may be reasonable, they shouldn't be entirely up to 
the supplier/manufacturer.

C

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