Their approach to date, however, has been to adopt an Article 2 framework to answer differently the same questions of product performance. This approach was never open to any debate, much less public debate. The Chair is wrong when he tells us that this is the best that can be done. In Professor White s example, a worker might take notice of the headlamp and bring it to the attention of a manager. This will be a surprise for many businesses.
Producers have less incentive to negotiate.
Thus, when one pays for desktop computer and a copy of an off-the shelf word processing computer program and pays sales tax on the purchase one expects that the bundle can be resold, for example, as part of corporate assets in an acquisition. For consumers, the situation may be even more bleak. By giving the last shot to the information product producer, there is significant diminishment of the counter-party s ability to negotiate, even if they read the terms. As a corollary, this is an incentive for the producer not to sign negotiated contracts. Giving the producer the last shot further entrenches those with market power.