Shrink-Wrap, Click-Wrap, Now Browse-Wrap
Information Today, Vol. 21, No. 3, p. 15, March 2004
3 Pages Posted: 13 Aug 2010
Date Written: March 2004
A common trait of these licenses is that they are extremely unilateral–presented as a fixed agreement that you accept or decline in total. Browse-wrap agreements, however, are different in that they do not require an affirmative act–such as clicking an “I agree” button–on the part of the user. Nor are you necessarily directed to or required to access the page containing the text of the agreement. Agreement is presumed by the act of using the Website. The legal question that courts and commentators are struggling with is whether browse-wrap agreements can be enforceable contracts.
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