Quote:
Originally Posted by Soldim
With regards to the contract issue -- as far as I have understood, my (still) somewhat liberal Swiss legislation does not acknowledge these type of contracts if both parties do not agree to them upfront (whether that's in writing or orally does not matter). I have bought probably over a thousand books in my life-time, and never has a bookstore owner, or any one else, mentioned the contract to me.
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Well, I can't speak for Swiss law. I only know U.S. law. Even then, my focus is on California. Though most of the U.S. uses the same background.
Anyways, in the U.S. both parties have to agree on the terms as well. Lawyers call it a "meeting of the minds." If there isn't a "meeting of the minds" then there is no contract. That said, if someone tried to argue that they had the right to copy a book and sell it because they purchased the right to do so when they bought the book, it's likely the argument would fail at every level it was tried baring extenuating circumstances. (I.e., they bought a book covered by the LGPL.)