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.

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