Under the approach taken by the 7th Circuit in ProCD v. Zeidenberg, a mass market contract may avoid preemption if its terms do not interfere with the attainment of national objectives under the copyright act. While businesses, with advice of counsel, have been and should be free to contract around or exclude intellectual property rights in arms-length negotiations, powerful computer information purveyors should not be allowed to impose such terms on consumers through form licenses. The comments seem to imply that the might still be enforceable despite failure of the right to return.
Postage is mentioned.
Neither of these reimbursement provisions seem likely to offer much incentive for licensors to play fair in the mass market context. They may be illusory in many mass market situations. Without a realistic right of return, the imposition of form terms is significantly less palatable. New technologies will soon make this scenario feasible.