from the so-which-is-it? dept
Just a few months ago we wrote about two separate lawsuits involving “browserwrap” or “clickwrap” agreements and whether or not they were enforceable. In the first one, an agreement was found to be enforceable even if the user on the website wasn’t forced to view it, but it was just a link away. That seems to be the same view held by the court in a new ruling, that says that even if the agreement is on another page and the user never reads it, the fact that there’s a link to it makes it enforceable. Frankly, I have a hard time seeing how that makes much sense, but it seems to be the way the courts are leaning. Of course, it’s not all courts, though. Because the other case we wrote about a few months ago found exactly the opposite, saying that such a “browserwrap” agreement is not enforceable because the user was not adequately notified.