3 ms·
The case is not about clickwrap agreements. Footnote 8 reads: > In light of our "fair use" analysis, we decline to address the question of whether the terms of
by cduan 17y ago
The case is not about clickwrap agreements. Footnote 8 reads:
> In light of our "fair use" analysis, we decline to address the question of whether the terms of the Clickwrap Agreement created an enforceable contract between plaintiffs and iParadigms.
In other words: the court ignored the clickwrap agreement issue, because the fair use analysis was decisive.
- jellicle 17y agoAnd the lower court found that the clickwrap agreement was fully enforceable. So: lower court found it enforceable, higher court declined to address it, that's it. The higher court is essentially being lazy here.