click-wrap is legally supportable?
nelson at crynwr.com
Mon Oct 28 20:37:52 UTC 2002
Rod Dixon, J.D., LL.M. writes:
> Some of your hypotheticals are interesting, but I think you are missing the
> point. We are discussing licenses that are presumably issued by licensors.
> In that respect, it is in the interest of the licensor to follow the steps
> that might ensure that his or her license is enforceable. One of the steps
> relevant for the licensor is contract formation or for the licensee we might
> simply say mutual assent, which is where a mouse click might help.
I don't see how a judge could say that assent was formed, when the
party with whom it was presumably formed may not even have been
And yet very large corporations are whistling past the cemetary. Some
of them (the licensors) are saying "Oh, yes, we have an ironclad
contract with the customer. You see, they clicked on the license
agreement". Others of them (the licensees) are saying "These things
are unenforcible. No judge could be so stupid as to think that a
minimum wage employee is binding my company to a contract."
I guess I just can't believe that so many sober people take click-wrap
-russ nelson http://russnelson.com |
Crynwr sells support for free software | PGPok | businesses persuade
521 Pleasant Valley Rd. | +1 315 268 1925 voice | governments coerce
Potsdam, NY 13676-3213 | +1 315 268 9201 FAX |
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
More information about the License-discuss