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计算机软件业的迅猛发展导致拆封授权合同在全球范围内普遍使用,各国法院对于拆封授权合同的效力问题经历了一个从不认可到认可的态度转变。ProCD公司诉博登泽格一案正是法院承认拆封授权合同效力的重大转折点。本文即以这一典型案例为切入点,分析拆封授权合同的效力及其规制问题。
The rapid development of the computer software industry has led to the widespread use of the contract for the unpacking of envelopes around the world. The courts in various countries have undergone a change of attitude from an unacceptable to an endorsed one. The case of ProCD v. Boudenzer is a significant turning point for the court to recognize the validity of the contract of demolition. This article is based on this typical case as an entry point, analyzes the effectiveness of the contract and its regulatory issues.