Shrink Wrap agreement

Shrink Wrapagreement can be defined as a legal agreement, purchase agreement or an

undertaking made on packaged or shipped products. Also, shrink wrap agreement may also

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include specific terms and conditions such as price of products, warranties, right of use and

guidelines.

 

The browse-wrap term is a website agreement that aims to bind the user by virtually while theuser browsing the website. browse wrap agreements do not require a user take action to affirmhis consent to be bound. Instead, browse wrap terms typically states that use of the website isdeemed acceptance of the agreement.

 

A partnership agreement is a contract between partners in a partnership which sets out the termsand conditions of the relationship between the partners, including: Percentages of ownership anddistribution of profits and losses. Description of management powers and duties of each partner.

 

Case: Perfect 10, Inc. v. Amazon.com, Inc.

Case Overview:

Perfect 10, Inc. (Perfect 10) markets and sells copyrighted images of nude models. It operates a subscription website on the Internet and subscribers pay a monthly fee to view Perfect 10 images in a “members’ area” of the site wherein said subscribers must use a password to log into the members’ area. On November 19, 2004, Perfect 10 filed an action against Google that included copyright infringement claims. This was followed by a similar action against Amazon.com on June 29, 2005. On July 1, 2005 and August 24, 2005, Perfect 10 sought a preliminary injunction to prevent Amazon.com and Google, respectively, from “copying, reproducing, distributing, publicly displaying, adapting or otherwise infringing, or contributing to the infringement” of Perfect 10’s photographs; linking to websites that provide full-size infringing versions of Perfect 10’s photographs; and infringing Perfect 10’s username/password combinations.

 

In this case, although Perfect 10 claimed direct infringement of its display and distribution rights. However, the court decided that googles fair use defense is likely to succeed at trial, and therefore the court reversed the district courts determination that google thumbnail versions of Perfect 10s images did not constitute a direct infringement.I agree with the court’s decision. Under the fair use code 17 U.S. Code § 107 – Limitations on exclusive rights: Fair use of a copyrighted work, including such use by reproduction incopies and phone records or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. i believe that the thumbnail images that were displayed and accessed on google and amazon; lawfully abided the factors of the Fair Use code.

 

Reference

Perfect 10, Inc. v. Amazon.com, Inc. United States Court of Appeals for the Ninth Circuit 487 F.3d 701 (9th Cir. 2007).

 

 

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