Subject: Re: Browsewrap Agreements
From: John Cowan <>
Date: Tue, 11 May 2004 22:33:52 -0400

Lawrence Rosen scripsit:

> This portends a more liberal way of forming licenses, although this standard
> had not been adopted in any other circuit but the 2nd.

YAAL and I am not, but I think this case is narrowly fact-based and
doesn't portend squat.  It depends critically on the fact that Verio
snarfed's data over and over, even though they should
have known after the first one what the story was.  The court's
apple analogy is an excellent one.

The Imperials are decadent, 300 pound   John Cowan <>
free-range chickens (except they have
teeth, arms instead of wings and
dinosaurlike tails).                        --Elyse Grasso
license-discuss archive is at