click-wrap is legally supportable?

Russell Nelson nelson at
Mon Oct 28 14:42:53 UTC 2002

I wonder if you are deemed to have accepted a click-wrap license
if software requiring a click-wrap appears on your machine?  Have you
agreed to every license which was clicked past on your machine?  What
if an employee with no authority to bind the company to a contract
clicked?  What if someone who has no ability to enter into a contract
clicked (e.g. your kid)?  What if a repairman clicked?  Or the cable
guy clicked?  In the various cases which are claimed as precedent, did 
the judge get asked these hard questions?

Posted by Cliff on Monday October 28, @08:33AM 
from the fishy-practices dept.

{e}N0S asks: "The cable guy came over to install a cable modem at my
Dad's house. As I watched him do his stuff I noticed he was installing
something called Broadjump Client Foundation. I know you don't need
software for a cable modem to work so I asked if it was necessary. He
said he had to do his list of things, and we had to sign that he did
his list of things, otherwise he couldn't leave it with us to
use. Since I can always remove the software, I agreed, but I noticed
while he was flipping through the install, he was clicking 'agree' on
every EULA that came up. Doing a search on Google for 'Broadjump
Client Foundation' comes up with some pretty scary stuff as far as
what it does, like: 'Builds a database of subscriber demographics and
buying behaviors to help evolve and refine marketing efforts.' Now,
how does this affect us? Neither myself or anyone in my family agreed
to the software; the cable guy did. And is there anyway to get cable
companies to stop doing this as I can imagine since the cable company
is a monopoly in this town, that the percentage of people who still
have this software on their computers is pretty high."

-russ nelson     |
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