Part I of this Essay briefly discusses the usage of trade concept. Part II discusses the shift in judicial approaches to shrinkwrap licenses from Step-Saver to Mortenson. Part III discusses the lessons of these cases in considering the judicial role in recognizing usages of trade. Part III also considers the warranty of non-infringement and the possibility of disclaiming it by trade usage as an example of the type of analysis courts should engage in when considering usages in the future.
Software license agreements, Offer & acceptance (Contracts), Electronic commerce, Usages of trade