Quote:
Specht v. Netscape Communications Corp., 150 F. Supp. 2d 585 (S.D.N.Y.2001), was a U.S. District Court for the Southern District of New York decision involving whether software license agreements are binding. It held that license agreements are akin to contractual agreements, thus to be binding there must be mutual consent.
The court ruled that the license agreement for the Smart Download software was not binding on the plaintiffs and thus denied to compel arbitration for plaintiff's breach of the license agreement.
The court ruled that the software license agreement was not binding because a binding contract means that both parties know of the terms and agree to them.
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Or is that any better for you?
Two seperate US court rulings indicating that Software EULA are
not legally enforcable binding contracts...I suppose its a little too much to expect an apology
But you could perhaps agree that i'm not a
