Rick Moen said: > Under common law (and extensions such as the Uniform Commercial Code), > the required contract element of acceptance entails _communication_ of > that acceptance to the offeror. Obviously, C's acceptance per that > framework is legally problematic. > > (Informally, one speaks of a "meeting of the minds" being required.)
If that is the case (that a "meeting of the minds" is required for a valid contract to be formed), and a contract is required for a software license, then where is the meeting when Dell resells Microsoft's software? There is no communication between Joe User who clicks "I Agree" and Microsoft to indicate the user's acceptance of the "contract". Microsoft may not even have a complete list of Dell's customers (the people they are in contract with) --Joe
