Re: Licensor assignment of shrinkwrap agreements?

Subject: Re: Re: Licensor assignment of shrinkwrap agreements?

Comments:
: : I have not been able to locate any caselaw on this particular issue: : : End User purchases a piece of software subject to stand shrinkwrap agreement with Company X. Company X then sells the source code to the program to Company Y. End User wants to make modifications to the code (forbidden in the original licensing agreement) for non-profit, non-commercial purposes. : : The agreement is completely silent on licensor assignability. : : My thought is that the agreement is now unenforceable by the successor Company Y.... yet I cannot find ANY caselaw on the subject. : : Any ideas? : : roger : Dear Roger, : Without taking professional responsibility. If you plan to go commercial, there would seem a big risk. If it is personal, why not key in a flip out of the program to your source cound and then get back in. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 718-548-0592, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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