Posted by EditorDavid from the taking-license dept.
Slashdot covered shrinkwrap licenses on software back in 2000 and 2002. But now ewhac (Slashdot reader #5,844) writes: The user Wraithe on the Mastodon network is reporting that a bottle of Vital Proteins(TM) collagen peptides purchased at Costco came with a shrinkwrap contract. Collagen peptides are often used as an anti-aging nutritional supplement. The top of the Vital Proteins bottle has a pull-to-open seal. Printed on the seal is the following: “Read This: By opening and using this product, you agree to be bound by our Terms and Conditions, fully set forth at vitalproteins.com/tc, which includes a mandatory arbitration agreement. If you do not agree to be bound, please return this product immediately.”
So-called “shrinkwrap contracts” have been the subject of controversy and derision for decades since their first widespread appearance in the 1970’s, attempting to alter the terms of sale after the fact, impose unethical and onerous restrictions on the purchaser, and absolving the vendor of all liability. Most such contracts appear on items involving copyrighted works (computer software, or any item containing computer software). The alleged “validity” of such contracts supposedly proceeds from the (alleged) need that the item requires a copyright license from the vendor to use (because the right to use/read/listen/view/execute is somehow not concomitant with purchase), and that the shrinkwrap contract furnishes such license.
The application of such a contract to a good where copyright has no scope, however, is something new. The alleged contract itself governs consumers’ use of, “the VitalProteins.com website and any other applications, content, products, and services (collectively, the “Service”)…,” contains the usual we’re-not-responsible-for-anything indemnification paragraph, and unilaterally removes your right to seek redress in court of law and imposes binding arbitration involving any disputes that may arise between the consumer and the company. Indeed, the arbitration clause is the first numbered section in the alleged contract.
The same contract has been spotted by numerous others — including someone who posted about it on Reddit two years ago. (“When I opened it, encountered a vacuum seal with the following ‘READ THIS: by opening and using this product, you agree to…'”) But the same verbiage still appears in online listings today for the product from Albertsons, Walgreens, and CVS.
Shrinkwrap contracts. They’re not just for software any more…
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