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Step-Saver v. Wyse

På svenska → Updated: 2026-11-02

The 1991 case that threw out a licence printed on the software box: the contract had already been made before anyone opened it.

Step-Saver Data Systems built multi-user systems from Wyse terminals and The Software Link's Multilink Advanced operating system. When the systems misbehaved and customers sued, Step-Saver turned on its suppliers, who pointed to the licence on the box lid. It disclaimed every warranty and declared that opening the package meant agreement.

The Third Circuit applied Uniform Commercial Code § 2-207, the battle-of-the-forms rule: the deal was struck when the phone order was placed, and the box-top terms were merely a proposal for additional terms the buyer never accepted. For years the ruling was the main argument against shrinkwrap, until Easterbrook in ProCD and Hill reasoned that no contract forms until the customer has had a chance to read.

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