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Nope. Specht v. Netscape Communications Corp. dealt exactly with this sort of click through 'telemetry'. Doesn't matter if it's in a shrinkwrap license.
by danmg 8y ago
Nope. Specht v. Netscape Communications Corp. dealt exactly with this sort of click through 'telemetry'. Doesn't matter if it's in a shrinkwrap license.
- ineedasername 8y agoEh, not quite so clear-cut. There were some big caveats in that decision "clicking on a download button does not show assent to license terms if those terms were not conspicuous and if it was not explicit to the consumer that clicking meant agreeing to the license" [0] It doesn't appear to say clickwraps are non-binding, only that it has to be "conspicuous" and basically that a user knew they were agreeing to something. Unfortunately that too is open to interpretation. As with most things of this nature, if someone wants to sue, they can sue, and it's a resource fight in the courts. [0] https://en.wikipedia.org/wiki/Specht_v._Netscape_Communications_Corp https://en.wikipedia.org/wiki/Specht_v._Netscape_Communicati....
- naikrovek 8y agoYep. I've got an attorney standing right next to me saying they are.