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.