Subject: Re: click-wrap is legally supportable?
From: Russell Nelson <nelson@crynwr.com>
Date: Mon, 28 Oct 2002 15:37:52 -0500 (EST)

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
present.

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 
so seriously.

-- 
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