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So basically, youre saying that putting up a bajillion pages of legalese with an ok button isn't enough to indicate that this is different then buying a sandwich.
How about more "intangible" software? Like paying for rememberthemilk.com or something like that. There is no physical anything changing hands, but you are still going to get that gigantic license agreement you have to agree with.
I don't necessarily disagree with you, just sort of curious where you draw the line.