click-wrap is legally supportable?

Larry M. Augustin lma at lmaugustin.com
Mon Oct 28 20:01:13 UTC 2002


Question:  If you have a monopoly position (e.g. Microsoft), and force a
click-wrap license to get product updates/support (e.g. MSFTs product
update facility), is there a legal challenge to the license terms?

What's the end-user supposed to do - not install a critical security fix
because they didn't like the license?  MSFTs monopoly position allows
them to impose a license on the market.  Is that a basis for challenging
the terms of the license?

Larry
 

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