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>Clickwrap Agreements and the iPhone

>I was thinking about this issue the other day as a potential blog posting, but now that I’ve sat down to write the post, this may be deserving of an entire paper. Clickwrap/browsewrap/shrinkwrap agreements all have the same fundamental characteristic: “automatic” consent to the terms of the agreement as a condition to use the product. The documents are generally non-negotiable. The quid pro quo is that a software vendor would have to double, triple (or more) the software license fee if it were required to negotiate each agreement with each customer. While initially controversial, these form of agreements have become the accepted manner of entering into agreements in the software (and video game) arenas. As software delivery continues its shift to the internet, the issues of the legality and enforceability of clickwrap agreements may end up being revisited.The thing that brought this to mind is the latest version of the… Continue Reading

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