Mark Lemley on Clickwraps

Mark Lemley of Stanford Law School recently pointed out a problem with clickwraps and other take-it-or-leave-it form contracts. I’ve discussed the same issue in many of our trainings and in my class at UC Berkeley. Clickwraps generally don’t involve any choice for the customer. So they don’t look a lot like traditional contracts. In a […]

Browsewraps Could Be Enforced

The Tech Contracts Handbook warns website operators not to rely on browsewraps: contracts posted online without a click-to-agree requirement. In fact, the book warns against any contract executed or even amended without without clear consent from the customer, like an “I agree” click. (See TCH 2nd Ed. Ch. III.S and Append. 3.) Without that sort […]