re Federal court finds online agreements are binding

["Dave Farber" <farber () gmail com>]

> Begin forwarded message:
>
> From: "Glenn S. Tenney" <tenney () think org>
> Subject: Re: [IP] Federal court finds online agreements are binding
> Date: August 19, 2017 at 8:07:11 PM EDT
> To: dave () farber net
> Cc: ip <ip () listbox com>
>
> (for IP if you wish)
> On Sat, Aug 19, 2017 at 01:41:06PM -0400, Richard Forno wrote:
> > > even though the full list of provisions is only available on a
> > > separate Uber website.
> > >
> > > ???The district court erred in concluding that the notice of the
> > > Terms of Service was not reasonably conspicuous,??? Judge Chin
> > > wrote. ???While it may be the case that many users will not bother
> > > reading the additional terms, that is the choice the user makes.???
>
> Whether you like or dislike shrink/click wraps, the portion of the
> ruling noted above is most disturbing.
>
> Back in the 90's many of us opposed the business software companies at
> many NCCUSL meetings opposing UCC2B / UCITA especially in our demands
> that ALL click/shrink wraps *MUST* have all terms visible prior to
> sale. That was a point that we actually won...
>
> It makes zero sense that anyone should be held accountable to a
> contract (negotiated or not) that's written "and anything else that we
> wrote someplace else that you can't see at the time you're agreeing to
> this".
>
> The best that I can say is: this ruling makes no sense and is harmful.
>
> -- 
> Glenn Tenney CISSP CISM




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