TOS Formation Isn’t Hard to Do Right…Is It?–Tejon v. Zeus

…wrap taxonomy and, like most other courts, chunks the taxonomization: “The agreement here is a form of a browsewrap agreement because it provides a link to a separate webpage with…

Tubi’s TOS Formation Fails–Campos v. Tubi

…content and/or other users) Last month, I blogged two cases where courts found enforceable browsewraps (though one was actually a clickthrough) (1, 2). (A reminder: the term “enforceable browsewrap” should…

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

…is complementary to the Ninth Circuit’s Running Warehouse ruling, which also found an “enforceable browsewrap” (even though that implementation was clearly what I’d call a clickthrough, not a browsewrap). Courts:…

Ninth Circuit Enforces a “Browsewrap” (That Was Actually a Clickthrough)–Patrick v. Running Warehouse

…two-click process (a “clickwrap”). In an unfortunate move, the court calls these implementations “browsewraps.” They clearly are not. The Nguyen court defined browsewrap as “where the website’s terms and conditions…

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

…went further to say: The Messaging Agreement is a browsewrap agreement, as Plaintiff was not required to confirm his agreement with the terms, although he had to press the “GET…

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

…major circuit-court opinion that established what we now understand to be the law for the enforceability of an online “browsewrap” (insert Eric’s snark and anger emojis here) contract, failing to…

More Chaos in the Law of Online Contract Formation

…than the Wayback Machine page. Because the popup wasn’t a mandatory clickthrough, the court treats it like a browsewrap (“the notice was buried at the bottom of the page and…

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

…and Google, are, of course, not the copyright owners of those lyrics but only non-exclusive licensees, making a copyright claim unavailable to Genius. Genius’s “browsewrap,” however, prohibits copying for commercial…

Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon

…Cir. April 19, 2023) BONUS: Another Ninth Circuit case involving a formation process that’s neither a “clickwrap” or “browsewrap” (which, given the semantic deficiencies of both terms, is like a…

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

…swipe of their finger ─ all from the convenience of 3-inch by 6-inch smartphone screen. Applying the Ninth Circuit’s Berman case, the court says Uber’s contract formation was a “browsewrap.”…