Re: Web Copyright Message - Comments? Enforceable?

On 10/23/97, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> To the contrary, two parties may contractually agree, by means of a
> license, to protections broader, narrower, or otherwise different from
> those afforded under copyright law. The question is whether Mr.
> Moignard's legal notice would be enforceable as a license binding the
> user of his Web site. If it would, then it doesn't matter whether it is
> consistent with copyright law or not. Without knowing how, when, or
> where the notice would appear, or what the user would have to do to
> indicate assent, it would be hard to venture a guess as to whether it
> would constitute an enforceable license. Even WITH that additional
> information, it would be a touch call, considering by analogy the way
> courts have differed in their treatment of the enforceability of
> shrinkwrap licenses.

This raises a side-issue. Some web-site owners/admin, for reasons of commercial expediency do not ask subscribers to sign a paper version of a subscription agreement. Instead they present the agreement in electronic form and ask the prospective subscriber to click on an "I accept" button to indicate acceptance.

Some software also uses this form of "point and click" license.

My feeling has been that these types of agreements and licenses, while perhaps not as satisfactory as good ol' paper, are definitely more satisfactory than shrinkwrap or "Standard Disclaimer" wording (where the wording is included in a link.

I've looked for case-law considering the enforceability of such "point and click" agreements but haven't found any. Is there any?

Lee T. Lau <lau[_at_]wedge.com>       (604) 739-2110 (Phone)
David Wedge Computer Law         (604) 739-2123 (Fax)