Question for Discussion re Scraping and Wraps

I was mulling the ramifications of the scraping decision in Texas this week as I was standing in my driveway removing my home-delivered NY Times from its blue plastic wrapper, when the thought occurred to me: “Jeez, when is this winter going to end?”  Also: if the NY Times printed a shrink-wrap license on this blue pastic bag invoking provisions regarding what I could do with the unprotectable facts in this paper, would a Texas (or some other) court enforce them?  Does it have to be a shrink-wrap, can the Times merely print a “Browse Wrap” on its front page? Should a click wrap or browse wrap on a website treated differently than the theoretical one on  a front page of a newspaper?  Should the Times begin selling even newsstand copies in plastic bags with terms and conditions printed on them?

TechLawAdviser gives his answer here.  Others?

Home delivery of the Times here.

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