About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

11 B.U. J. Sci. & Tech. L. 164 (2005)
Browsewrap Agreements: Register.com, Inc. v. Verio, Inc.

handle is hein.journals/jstl11 and id is 170 raw text is: LEGAL UPDATE BROWSEWRAP AGREEMENTS: REGISTER.COM, INC. V. VERIO, INC. James . Tracy* I. INTRODUCTION In the twenty-first century, Internet law continues to grow at an astounding pace. Of all the emerging legal fields, online contracts affect average users the most dramatically. Internet users form contracts with Web site owners whenever they download files, perform online searches or click on a button to enter a Web site. The law recognizes two basic forms of online contracts- clickwrap and browsewrap agreements.1 Clickwrap agreements require the user to click on an icon appearing on the user's computer screen to consent to certain terms before the Web site performs its side of the contract, such as permitting the user entry or allowing the user to download files from the Web site.2 Courts usually enforce clickwrap agreements because they require the user to consent to the terms before forming the contract.3 Browsewrap agreements allow the user to view the terms of the agreement, but do not require the user to take any affirmative action before the Web site performs its end of the contract.4 In the past, most courts have refused to enforce browsewrap agreements because of the lack of * J.D. candidate, Boston University School of Law, 2005, B.S., Marketing, Seton Hall University, 2002. l In addition to clickwrap and browsewrap online agreements, software may be protected via shrinkwrap licenses. Shrinkwrap licenses usually include: (1) notice of a license agreement on product packaging. . ., (2) presentation of the full license on documents inside the package, and (3) prohibited access to the product without an express indication of acceptance. Normally, the consumer agrees to the shrinkwrap terms by opening the shrinkwrap around the software inside the package rather than at the time of purchase. See Register.com, Inc. v. Verio Inc., 356 F.3d 393, 428 (2d Cir. 2004). 2 See Specht v. Netscape Communications Corp., 150 F. Supp. 2d 585, 593-94 (S.D.N.Y. 2001). ' See Register.com, 356 F.3d at 429, (citing Specht, 150 F. Supp. 2d at 594 (citations omitted)). 4 See Specht, 150 F. Supp. 2d at 594.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most