Re: Turn About?

Terry Carroll <carroll[_at_]tjc.com> wrote:
> > >
> > > "By clicking any of the buttons on this webiste you agree to release
> > > me from any contracts with you or your employer that I may have
> > > formed by opening any software package, entering one or more keys on
> > > my keyboard in response to a request in a program, or by clicking
> > > any buttons on a website"
> >
> > Well, the delicious irony of the Web page is that this "click to agree"
> > statement is just as enforceable as the Web-wrap license it claims to
> > undo.
>
> I see a distinction. Based on the wording of the purported release
> ("release me"), I've gathered that the web author is an individual.
> As such, the contracts formed by the individual are formed in his
> capacity as an individual. However, his click-through license puports
> to bind the _employer_ of the person clicking through, regardless of
> whether the person has the power to bind his or her employer, or even
> whether the click-through is being performed using the employer's time,
> materials or equipment, or is within the scope of the employee's
> employment.

Hmmm. That flows both ways doesn't it? I am sure that the President or other officer of Consolidated Conglomerates, Inc. doesn't tear off the cellophane of his new software. George down in the mail room bound the corporation...or did he?

John H. Lederer
<johnl[_at_]ibm.net> Received on Thu Jul 17 1997 - 21:29:43 GMT