What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble
…weren’t enforcing browsewraps, they were enforcing clickthroughs. What will it take to convince you that we should retire the clickwrap/browsewrap language? If you use the browsewrap term regularly in any…
23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe
…“terms of service” containing an arbitration clause, and so it claimed its users were bound to those terms. Judge Koh accurately characterizes this as a “browsewrap” argument and rejects the…
Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights
…that platform.] Case citation: Perkins v. LinkedIn, 2014 WL 2751053 (N.D. Cal. June 10, 2014) Related posts: Path May Be Liable for Text-Spamming Users’ Contact Lists Facebook’s “Browsewrap” Enforced Against…
Court Rules That Kids Can Be Bound By Facebook’s Member Agreement
…– I.B. v. Facebook Minors’ Suit Over Facebook Credits Survives in Part – I.B. v. Facebook Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook. Parents’ Lawsuit Against Apple for In-App Purchases…
Minors’ Suit Over Facebook Credits Continues – I.B. v. Facebook
…(N.D. Cal. Dec. 20, 2013). Related posts: Minors’ Suit Over Facebook Credits Survives in Part – I.B. v. Facebook Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook. Parents’ Lawsuit Against Apple…
Lawsuit Over Google Hangouts Gutted–Be In v. Google
…service: [b]ecause browsewrap agreements, where enforceable, are a powerful means of binding users with very little affirmative assent, a complaint must state facts establishing the means by which the link…
Effort to Game Website User Agreement Rules Fails -– Traton News v. Traton Corp.
…The district court granted Traton Corp.’s motion to dismiss. The “browsewrap” for Traton News said that (1) the materials on the website could not be used for the benefit of…
Minors’ Suit Over Facebook Credits Survives in Part – I.B. v. Facebook
…was brought on behalf of minors. There, Facebook was confronted with an important issue: are transactions with minors on the same footing as transactions involving adults? (“Facebook’s ‘Browsewrap’ Enforced Against…
How Zappos’ User Agreement Failed In Court and Left Zappos Legally Naked (Forbes Cross-Post)
…contrast, “browsewraps” are user agreements that purport to bind users simply because users browse the website. I don’t use the term browsewrap; instead, I prefer to call those documents “not…
Barnes & Noble’s Online Contract Formation Process Fails –Nguyen v. Barnes & Noble
…an arbitration clause (and whether the dispute falls within the clause). The court notes the difference between so-called ‘browsewrap’ and ‘clickwrap’ agreements, and says that the dispositive issue is notice…