Re: Hotmail Corporation v. Van Money Pie Inc.

On 10/28/99, Atilio A. Alterini <atilio[_at_]alterini.com> wrote:
>
> Please, does anyone have the full text of "Hotmail Corporation v. Van
> Money Pie Inc." (Cal. April 20, 1989), about click-wrap agreements?.

Eric Goldman of Cooley Godward has generously posted a copy of the Hotmail decision on his personal Web site at http://members.theglobe.com/ericgoldman/hotmail.html. As you can read there, most of the court's conclusions of law do not deal with the enforceability of click-wrap agreements; conclusion #35 is the relevant section on click-wrap. There are stronger decisions on this point subsequent to Hotmail, including Caspi v. The Microsoft Network from the New Jersey Superior Court at http://lawlibrary.rutgers.edu/decisions/appellate/a2182-97.opn.html and Spera v. AOL from the New York Supreme Court (don't be fooled by the name: in New York the Supreme Court is a trial-level court) at http://legal.web.aol.com/decisions/dlother/groff.html.

John Muller
johnmuller[_at_]earthlink.net
jmuller[_at_]brobeck.com
"The ladder of law has no top and no bottom" Received on Sat Oct 30 1999 - 02:05:19 GMT