The Small Print Project                            

A collaborative document of experiences with agreements in the digital age.

October 27, 2006

By Eating This You Agree That It is of Mine

Posted to EULAs by Andy Sternberg




Product:A chef in a Chicago restaurant recently perfected a line of edible paper. Customers receive an image of cotton candy printed on a sheet of paper that tastes like cotton candy. Customers who order the treat receive it with the following printed under it: Confidential Property of and © H. Cantu. Patent Pending. No further use or disclosure is permitted without prior approval of H. Cantu.

As seen in: November Food and Wine: http://www.foodandwine.com/articles/new-era-of-the-recipe-burglar

Lowpoints: If the treat dissolves on your tongue, does that mean it’s a saliva-wrap license? You eat it, therefore you agree to its terms?

Highpoints: I’m sure the paper is delicious.

Thanks A. Crew

More Cantu creations awaiting patent — I salivate eagerly. more at Legal Fixation and megnut.

Somebody give this Chi-town “restaurant” a ringtone…

H. Cantu hear me now
Thanks, Andy for grabbing the jpg

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* Comments(6)

  • Michael

    Since the body, by design, breaks down ingested food into constituent proteins, etc., does that violate the copyright agreement and potentially the patent? What assumptions about fair use are made? Must we also consider the rights to remix and alter the original content beyond that anticipated by the creator? If I have a child, am I, by some long extension, reproducing this person’s work in a form not otherwise permitted and thus liable for infringement in some fashion? Am I also in violation when I eventually, um, well you know…relieve myself?

    All “serious” questions aside, I think this sense of having to copyright and/or patent this creation is crazy.

  • http://www.thiswillnevermakemoney.com derek tumolo

    You can use EULAs for good, though. Anyone witnessed the EULAs on filesharing networks like direct connect or soulseek? ‘By downloading from this computer you certify that you are not an actual or agent for any law enforcement agency, recording industry, motion picture agency…’ etc. Nice way to stick it to the man.

  • Pat

    Having just eaten that very paper 2 weeks ago, I can testify that it is, indeed, delicious. As was the menu, which was a printed on a parmesan basil wafer. That also had the same copyright notice on it.

  • http://swardley.blogspot.com Simon Wardley

    Hmmm, Eula on Food?

    Great article, nice touch on the eat it and therefore you agree to it part. Cookyright is such a disturbing concept.

    Anyone for Physical Rights Management?
    (http://swardley.blogspot.com/2006/10/its-no-laughing-matter.html)

  • Chuck Roast

    Since the edible in question is sold with the understanding that I will make “no further use” of it I’d feel honor-bound to deliver to the right-holder any and all feces I excrete in the day or so after consuming his product.

  • golfman_story

    Great post, really help me alot. Thanks.

    http://golfman.the-mnm.info