Re: Hotmail Corporation v. Van Money Pie Inc.

On 10/29/99, John Muller <johnmuller[_at_]earthlink.net> wrote:
>
> 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.

Whoops, I gave the wrong URL for the Spera v. AOL decision in New York, which is available at
http://legal.web.aol.com/decisions/dlother/spera.html. The mistaken URL I provided is for Groff v. AOL, a similar decision from Rhode Island holding that the choice of forum in AOL's click-wrap agreement is enforceable. Note that both decisions are from trial courts; I don't know if they have been appealed.

John Muller
johnmuller[_at_]earthlink.net
jmuller[_at_]brobeck.com Received on Tue Nov 02 1999 - 02:01:31 GMT