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.”…
Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer
…language from Nguyen v. Barnes & Noble Inc. that we see in every browsewrap case. 763 F.3d 1171, 1175-76 (9th Cir. 2014). [Eric’s note: “browsewrap” is also verboten.] But dig…
Dropbox’s TOS Amendment Fails (And If This Opinion Stands, Yours Will Too)–Sifuentes v. Dropbox
…“Browsewrap”/”Clickwrap” Distinction Is Falling Apart * 23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe * Court Blesses Instagram’s Right to Unilaterally Amend Its User Agreement–Rodriguez v. Instagram…
Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial
…Distinction Is Falling Apart What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble 23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe Facebook’s “Browsewrap”…