Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook
…“Facebook’s TOS, including the forum-selection clause at issue, are contained in a so-called ‘browsewrap agreement.’” This is just an unmitigated misunderstanding of what constitutes a browsewrap, reminding us of the…
Vendor Fails to Form Either an Online or Paper Contract With Customers–Kwan v. Clearwire
…between clickwrap and browsewrap agreements while eventually concluding that the plaintiff was apprised of the terms (or should have been) so there was no reason not to enforce the contract….
Judge Can’t Decide if Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook
…I’d retire the phrases “clickwrap” and “browsewrap.” Those terms trace their lineage to a radically different technology–plastic shrinkwrap on physical products–and, as a result, they never developed clean or precise…
Court Disregards Check-the-Box Agreement and Doesn’t Enforce Venue Clause — Dunstan v. comScore
…decision. The court relies on Specht v. Netscape, but Specht is a browsewrap case, where the user did not have to indicate assent to the terms before downloading the software….
Court Smacks Down Koch Industries’ Attempt to Shut Down Satirical Website — Koch Industries v. Does
…not agree to this restriction since it was “buried” at the bottom of the first page. Koch cited to Specht v. Netscape for the proposition that browsewrap agreements are normally…
Forum Selection Clause in “Submerged” Terms of Service Presumptively Unenforceable — Hoffman v. Supplements Togo
…clicking “I Agree”) with “browsewrap agreements, where the users ostensibly agree with online terms merely by browsing. The agreement in this case can be characterized as a browsewrap. Here, the…
Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite
…“browsewrap” instead of a “clickwrap” and concludes (as it should) that “plaintiff has not pled sufficient facts to plausibly establish that defendants Eventbrite and Foley were on actual or constructive…
Google AdWords Litigation Keeps Rolling In–Parts Geek v. US Auto Parts
…be at best a very obscure “browsewrap.” The CFAA is more tolerant of obscure disclosures than contract law is, and this CFAA claim is hardly unusual, but I’m nonetheless troubled…
Q3 2009 Quick Links, Part 4
…policies. * Hines v. Overstock.com, Inc., 2009 U.S. Dist. LEXIS 81204 (E.D.N.Y. Sept. 4, 2009). Browsewrap terms aren’t enforceable “because the website did not prompt her to review the Terms…
Lori Drew Criminal Case Ends With a Whimper
…22: As a “visitor” to the MySpace website and being initially limited to the public areas of the site, one is bound by MySpace’s browsewrap agreement. If one wishes further…