Parents’ Lawsuit Against Apple for In-App Purchases by Minor Children Moves Forward — In re Apple In-App Purchase Litigation
…of their publicity rights. The court enforced the Facebook terms of service and transferred the dispute to California. (“Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook.”) Apple is grappling with a…
Courts Struggling Needlessly With Online Contracting Practices (Guest Blog Post)
…Facebook’s Terms of Use to a “browsewrap” agreement, where the terms and conditions are posted on the website as a hyperlink at the bottom of the screen. But then he…
Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v. Qwest & Vernon v. Qwest
…Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook Stop Saying “We Can Amend This Agreement Whenever We Want”!–Harris v. Blockbuster Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook…
No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v. Dow Jones
…Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook Stop Saying “We Can Amend This Agreement Whenever We Want”!–Harris v. Blockbuster Facebook’s “Browsewrap” Enforced Against Kids–EKD…
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…