Specht v. Netscape Communications Corp.
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Specht v. Netscape, 306 F.3d 17 (2d Cir. 2002),[1] is a ruling at the United States Court of Appeals for the Second Circuit regarding the enforceability of clickwrap licenses under contract law. The court held that merely clicking on a download button does not show consent with license terms, if those terms were not conspicuous and if it was not explicit to the consumer that clicking meant agreeing to the license.[1]
Quick Facts Specht v. Netscape, Court ...
Specht v. Netscape | |
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Court | United States Court of Appeals for the Second Circuit |
Full case name | Specht v. Netscape Communications Corporation |
Argued | March 14, 2002 |
Decided | October 1, 2002 |
Citation(s) | 306 F.3d 17 |
Case history | |
Procedural history | Affirmed holding from 150 F. Supp. 2d 585 (S.D.N.Y. 2001) |
Holding | |
Software licenses are not enforceable if there is not reasonable notice of the existence of a license and unambiguous consent to those terms. | |
Court membership | |
Judge(s) sitting | Sonia Sotomayor, Joseph M. McLaughlin, Pierre N. Leval |
Case opinions | |
Majority | Sotomayor, joined by McLaughlin, Leval |
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