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 =
> has
> become an accepted industry standard - of trying to make terms and
> conditions applicable (particularly in the web site context) without ma=
> king
> 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
> assent".

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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