[Diritto] [SlashZot <dj@delorie.com>] Court Finds Online Software License Not Binding

Christopher R. Gabriel cgabriel@cgabriel.org
07 Jul 2001 20:31:38 +0200



	There's an interference between the keyboard and the chair.
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Date: Sat, 7 Jul 2001 14:30:23 -0400
Message-Id: <200107071830.OAA19281@delorie.com>
To: slashzot@delorie.com
From: SlashZot <dj@delorie.com>
Subject: Court Finds Online Software License Not Binding
Reply-To: slashzot@delorie.com

Court Finds Online Software License Not Binding

An Anonymous Coward writes: "The U.S. District Court ruled on
Specht v. Netscape Communications Corp., 00 Civ. 4871, saying
that a license that users don't even have to see before
downloading online free software isn't binding. Calling these
"browse-warp" licenses (as opposed to click-wrap), the court
found that since usersdidn't have to look at them, users
didn't assent to the terms. Netscape's use of SmartDownload,
practice of harvesting information through SmartDownload with
out an effective license is now suspect as since there is no
license, and no assent, there is no agreement. See a
[1]report of the case at Law.com Or try to find the rulings
at [2]Find Law."

[1] <REF:http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/View&c=Article&cid=ZZZP3B4LUOC&live=true&cst=1&pc=0&pa=0&s=News&ExpIgnore=true&showsummary=0>
[2] <REF:http://www.findlaw.com>

This is an automated posting to slashzot@delorie.com
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