Discuss: Submission of Sybase Open Watcom Public License v.
Forrest J Cavalier III
forrest at mibsoftware.com
Thu Apr 25 04:59:44 UTC 2002
> COMMENT: This section has been added because of last year's
> Specht v. Netscape decision, which threw doubt on the validity of what =
> become an accepted industry standard - of trying to make terms and
> conditions applicable (particularly in the web site context) without ma=
> it clear to the user that he/she is accepting a contract and being boun=
> d by
> its terms, and without requiring some affirmative "manifestation of
Was that paragraph supposed to say something different?
As written, it indicates that prior to Specht v Netscape there
was some way to make contract terms and conditions applicable
without making it clear to the parties. (and that it was
an industry standard.) That's nonsense.
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