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	Comments on: What&#8217;s a Browsewrap? The Ninth Circuit Sure Doesn&#8217;t Know&#8211;Nguyen v. Barnes &#038; Noble	</title>
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	<link>https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm</link>
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		By: Justia Weekly Writers&#039; Picks - August 22, 2014 - Legal News - Justia Law, Technology &#38; Legal Marketing Blog		</title>
		<link>https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm#comment-984</link>

		<dc:creator><![CDATA[Justia Weekly Writers&#039; Picks - August 22, 2014 - Legal News - Justia Law, Technology &#38; Legal Marketing Blog]]></dc:creator>
		<pubDate>Fri, 22 Aug 2014 20:28:40 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ericgoldman.org/?p=12912#comment-984</guid>

					<description><![CDATA[[&#8230;] Read More: What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Read More: What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know [&#8230;]</p>
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		<title>
		By: Are Your Terms and Conditions in the Safe Zone? &#124; Monsoon CommerceMonsoon Commerce		</title>
		<link>https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm#comment-980</link>

		<dc:creator><![CDATA[Are Your Terms and Conditions in the Safe Zone? &#124; Monsoon CommerceMonsoon Commerce]]></dc:creator>
		<pubDate>Wed, 20 Aug 2014 17:46:34 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ericgoldman.org/?p=12912#comment-980</guid>

					<description><![CDATA[[&#8230;] the design and the layout of an e-commerce store, but if you run your own, you should take notice. Technology and Marketing law blog takes a look at a recently handed-down decision by the 9th Circuit in the Nguyen v. Barnes &#038; [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] the design and the layout of an e-commerce store, but if you run your own, you should take notice. Technology and Marketing law blog takes a look at a recently handed-down decision by the 9th Circuit in the Nguyen v. Barnes &amp; [&#8230;]</p>
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		<title>
		By: John Gregory		</title>
		<link>https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm#comment-979</link>

		<dc:creator><![CDATA[John Gregory]]></dc:creator>
		<pubDate>Wed, 20 Aug 2014 04:41:00 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ericgoldman.org/?p=12912#comment-979</guid>

					<description><![CDATA[I agree completely with your take on this, Eric, including the naming conventions! If you want a contract, make the person click. The only sensible explanation for the vast majority of cases where &#039;no click&#039; web terms were enforced is that the person against whom they were enforced was doing something sleazy (usually scraping data in order to compete with the owner of the site) and the court was going to find a way to make the person liable.

Interesting contrast on the facts with the Dell Canada case against Quebec Consumers Union a few years ago in the Supreme Court of Canada. The consumers were on the low moral ground - they found a mistake in a Dell catalog that offered a laptop for about 15% of its regular price. When Dell corrected it, the consumers found a deep link and sent it around. Dell refused to deliver the computers. When the consumers brought a class action, Dell pointed to its arbitration clause. The Supreme Court upheld it, though the decision has been criticized in some quarters (in part because Quebec&#039;s consumer arbitration rules are pretty restrictive). But it was hard to sympathize with the consumers who were trying to get away with dishonest conduct.

In Dell they had a click-through agreement, though...

There are some articles in The Business Lawyer 10 years or so ago that are still accurate SFAIK re what&#039;s enforceable and what not.]]></description>
			<content:encoded><![CDATA[<p>I agree completely with your take on this, Eric, including the naming conventions! If you want a contract, make the person click. The only sensible explanation for the vast majority of cases where &#8216;no click&#8217; web terms were enforced is that the person against whom they were enforced was doing something sleazy (usually scraping data in order to compete with the owner of the site) and the court was going to find a way to make the person liable.</p>
<p>Interesting contrast on the facts with the Dell Canada case against Quebec Consumers Union a few years ago in the Supreme Court of Canada. The consumers were on the low moral ground &#8211; they found a mistake in a Dell catalog that offered a laptop for about 15% of its regular price. When Dell corrected it, the consumers found a deep link and sent it around. Dell refused to deliver the computers. When the consumers brought a class action, Dell pointed to its arbitration clause. The Supreme Court upheld it, though the decision has been criticized in some quarters (in part because Quebec&#8217;s consumer arbitration rules are pretty restrictive). But it was hard to sympathize with the consumers who were trying to get away with dishonest conduct.</p>
<p>In Dell they had a click-through agreement, though&#8230;</p>
<p>There are some articles in The Business Lawyer 10 years or so ago that are still accurate SFAIK re what&#8217;s enforceable and what not.</p>
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		<title>
		By: Craigslist cracks down on outside services, says violators must pay &#8220;$0.10 per server request&#8221; &#8212; Tech News and Analysis		</title>
		<link>https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm#comment-978</link>

		<dc:creator><![CDATA[Craigslist cracks down on outside services, says violators must pay &#8220;$0.10 per server request&#8221; &#8212; Tech News and Analysis]]></dc:creator>
		<pubDate>Tue, 19 Aug 2014 19:54:15 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ericgoldman.org/?p=12912#comment-978</guid>

					<description><![CDATA[[&#8230;] tactic as a way to strengthen its legal hand. As the Technology &#038; Marketing Law Blog noted, online contracts carry more force when company requires a user to affirmatively agree to the [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] tactic as a way to strengthen its legal hand. As the Technology &amp; Marketing Law Blog noted, online contracts carry more force when company requires a user to affirmatively agree to the [&#8230;]</p>
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		<title>
		By: Eric Goldman		</title>
		<link>https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm#comment-977</link>

		<dc:creator><![CDATA[Eric Goldman]]></dc:creator>
		<pubDate>Tue, 19 Aug 2014 19:00:00 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ericgoldman.org/?p=12912#comment-977</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm#comment-976&quot;&gt;Steve Isaac&lt;/a&gt;.

A dollar into the swear jar for using the term &quot;browsewrap&quot; in a non-mocking way. Though the court&#039;s opinion doesn&#039;t give us an unambiguous answer, my belief is that the language you describe would have created an enforceable contract.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm#comment-976">Steve Isaac</a>.</p>
<p>A dollar into the swear jar for using the term &#8220;browsewrap&#8221; in a non-mocking way. Though the court&#8217;s opinion doesn&#8217;t give us an unambiguous answer, my belief is that the language you describe would have created an enforceable contract.</p>
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		<title>
		By: Steve Isaac		</title>
		<link>https://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm#comment-976</link>

		<dc:creator><![CDATA[Steve Isaac]]></dc:creator>
		<pubDate>Tue, 19 Aug 2014 18:45:00 +0000</pubDate>
		<guid isPermaLink="false">http://blog.ericgoldman.org/?p=12912#comment-976</guid>

					<description><![CDATA[Yet another variation - a statement right next to the Buy button saying something along the lines of &quot;By clicking &#039;Buy&#039;, you conform that you accept the Terms of Service ...&quot;. Does this lead to an enforceable contract or just another Browserwrap?]]></description>
			<content:encoded><![CDATA[<p>Yet another variation &#8211; a statement right next to the Buy button saying something along the lines of &#8220;By clicking &#8216;Buy&#8217;, you conform that you accept the Terms of Service &#8230;&#8221;. Does this lead to an enforceable contract or just another Browserwrap?</p>
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