On Sat, 25 Oct 1997, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> Lee T. Lau <lau[_at_]wedge.com> wrote:
> >
> > I've looked for case-law considering the enforceability of such "point
> > and click" agreements but haven't found any. Is there any?
>
> None that I know of. If anyone has heard of any, I'd like to know.
Although not exactly on point, the court in CompuServe v. Patterson (6th Cir. 1996) did make much ado about how the party seeking to dismiss a complaint for lack of jurisdiction had entered into CompuServe's form clickthrough license that incorporated (by reference) provisions about governing law that supported the court's finding of personal jurisdiction. To make its determination, however, the court did not have to directly rule on the enforceability of the clickthrough.
Eric.
Eric Schlachter, Esq.
Cooley Godward LLP, Palo Alto, CA
Adjunct Professor of Cyberspace Law, Santa Clara Univ. School of Law
eschlach[_at_]netcom.com
Received on Mon Oct 27 1997 - 21:30:39 GMT
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