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International Journal of Law and Information Technology 1996 4(2):131-150; doi:10.1093/ijlit/4.2.131
© 1996 by Oxford University Press
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Shrink-Wrap Licensing In The Scottish Courts

GRAHAM P. SMITH 1

The UK's first case involving the validity of a shrink-wrap licence came before the Court of Session in December 1995. In the case of Beta v Adobe it was held that the terms of a licence created by a software producer had been validly incorporated into a contract between the customer and a software distributor. Although the licence terms were not brought to the customer's attention until the software packaging was opened, it was held that the contract between customer and distributor was not concluded until this stage. The licence offered the customer an unqualified right to reject the software if its conditions were considered unacceptable, a right which was held to be enforceable against the distributor. The article considers critically the approach adopted in this case and considers its wider implications.


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