browsewrap

We know that if the browsewrap were a dialogue box, the user’s comprehension would be the same, which is to say zero.

Archive 2009-01-01 Rebecca Tushnet 2009

Instead, websites with browsewrap agreements often purport to bind their users by passive conduct, unrelated to the TOS itself, like continuing to use the website or proceeding past its homepage.

Boing Boing 2009

What if a browsewrap used “provided that” as its language?

Archive 2009-01-01 Rebecca Tushnet 2009

Whereas courts have been willing to give clickwraps their blessing, attempts to legally bind users with browsewrap agreements have been more controversial.

Boing Boing 2009

Gatton is an important case because it recognizes that every clickwrap , shrink-wrap, browsewrap and box-wrap contract has an element of procedural unconscionability that requires the court to consider whether the challenged term of the contract is overly harsh or one-sided.

Courts Turn Against Abusive Clickwrap Contracts 2007

Gatton is an important case because it recognizes that every clickwrap , shrink-wrap, browsewrap and box-wrap contract has an element of procedural unconscionability that requires the court to consider whether the challenged term of the contract is overly harsh or one-sided.

Courts Turn Against Abusive Clickwrap Contracts 2007

Instead, websites with browsewrap agreements often purport to bind their users by passive conduct, unrelated to the TOS itself, like continuing to use the website or proceeding past its homepage.

Boing Boing 2009

Whereas courts have been willing to give clickwraps their blessing, attempts to legally bind users with browsewrap agreements have been more controversial.

Boing Boing 2009

The foregoing review of case law regarding shrinkwrap, clickwrap and browsewrap licenses demonstrates that judicial unpredictability will reign until a more certain legislative framework can be developed for dealing with the many variations involving these agreements.

MacInTouch 2009

With browsewrap, he’s willing to imply permission (unless there’s an express reservation) and discuss the scope of the implied license.

Archive 2009-01-01 Rebecca Tushnet 2009