From: Mike Lorrey (mlorrey@datamann.com)
Date: Wed Jun 19 2002 - 19:01:29 MDT
Randall Randall wrote:
>
> I haven't had time to do justice to the earlier reply to me, but I'll take
> a moment to respond to this:
>
> Mike Lorrey wrote:
> >
> > It sure does. How else would you have ever known of the song you wish to
> > perform unless a) you wrote it yourself, or b) you either bought a
> > copyrighted recording, or copyrighted sheet music, or a combination
> > thereof. You were therefore provided a service by the original copyright
> > holder, purchased under a commercial arrangement and in a form where the
> > term "Copyright" was present on the product sold? It was your caveat
> > emptor responsibility to inspect the item for any sale contract
> > covenants/codocils/clauses, and to either accept the contract or refuse
> > the sale.
>
> You have got to be kidding. It is the buyer's responsibility to inspect
> the item for hidden contracts?!
If "Copyright" is plainly written on it (as it is on the jacket of any
CD, tape, or record, and after the title page of any book), then it is
not a "hidden" contract.
>
> First, since a contract must be agreed to by all parties to it, it doesn't
> seem to be the case that one could agree to a contract one hasn't actually
> read, so I would say that it is the seller's responsibility to make sure
> that any contract desired was agreed to as part of the sale, and if it
> wasn't, it doesn't apply to this sale.
The term 'copyright' is a common and publicly recognised term, just as
"as is" is a publicly recognised term. Claiming that you don't
understand what 'copyright' means is about as ludicrous as claiming
that. There is nothing 'unread' about a copyright because it is a
publicly recognised and understood term. The sellers condition of sale
is that you accept their contract or you don't buy their product, plain
and simple. You can agree to their contract, or you don't buy the
product. What is so confusing about this?
>
> Second, if I buy a house, am I required to search high and low, in case
> the seller has cleverly hidden a contract in the rafters or basement?
> Perhaps they've buried the contract in the back yard? Taken to its logical
> conclusion, your argument would seem to imply that this is indeed the case.
No, because you are being ludicrous. If you paint the contract of sale
on the house door (or on the back of it), then that is indeed a valid
contract.
>
> Need I mention that I disagree? :)
I disagree with gravity too.
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