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You can't say that about my software

Posted at 10:52 AM on June 14, 2007 by Jon Gordon

Many software makers include provisions in their "shrinkwrap" licenses that attempt to prevent the publication of disparaging comments about the programs.

According to the Consumer Project on Technology, "Gagwrap Clauses purportedly ban disparagement of a website, service, product or company through barring use of graphics, logos, trademarks and other intellectual property to criticize the website, service, product or company. The gagwrap clauses also occasionally condition certification and affiliate programs. The conditions may include a stated duty not only to forbear from disparagement but an affirmative duty to report disparagement."

Friday on Future Tense, I expect to feature an interview with a Twin Cities attorney who recently published a journal article that explains how gagwraps may be counter to the public interest, and offers a legal framework by which the unsettled question of gagwraps might be solved.


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