A (somewhat) serious question: since Autodesk, Adobe, etc. can use Shrinkwrap/Clickwrap/Browserwrap to distinguish between a sale and a license what's stopping users from doing it right back?
What if my browser sent custom headers to Adobe saying that by serving me a webpage Adobe has agreed to sell me, not license, a copy of each new edition of any software they release for $1 in perpetuity and that a breach of contract would result in liquidated damages of $10,000 per undelivered copy.
If I'm bound by Adobe's Terms of Service before I've had a chance to read them by nature of the my browser's request then surely Adobe would be similarly bound to my Terms of Servers(TM) by nature of their response?
Wouldn't work, as custom headers are not reviewed by a person at any point.
If I'm bound by Adobe's Terms of Service before I've had a chance to read them by nature of the my browser's request then surely Adobe would be similarly bound to my Terms of Servers(TM) by nature of their response?
You're not bound until you have had the opportunity to review the TOS. Meaning that merely accessing a page from somewhere else (i.e., a link or url) isn't enough--but once you're on (or revisiting) their website, if you interact with it in any matter beyond visiting the TOS page the TOS would apply even if you chose not to read it.
It might have been an unopened box... I did something similar with an old copy of Adobe Premiere that I got on clearance for a couple of bucks, then upgraded.