Mr. Pournelle found that, in practice, many companies have been more generous to their customers than their ITAs, and wondered, “So why do they insist that their customers sign `agreements`, which the customer does not want to keep and which the company knows are not being respected?” Should we continue to hypocritically with publishers and customers?  The execution of an ITA depends on several factors, one of which is the jurisdiction before which the case is tried. Some courts that have considered the validity of reducing film licensing agreements have found some ITAs invalid and have called them membership contracts, unscrupulous and/or unacceptable under the U.C.C – see, for example, Step-Saver Data Systems, Inc. v. Wyse Technology, Vault Corp. v. Quaid Software Ltd.  Other jurisdictions have found that the Shrinkwrap license agreement is valid and enforceable: see ProCD, Inc. v. Zeidenberg, Microsoft v.
Harmony Computers, Novell v. . .