Re: Security/Privacy Awareness click through

[Valdis Kletnieks <Valdis.Kletnieks () VT EDU>]

On Tue, 12 Mar 2013 09:03:10 -0500, Ruth Ginzberg said:
> On the other hand, the 7th Circuit Court explicitly ruled that click-through
> agreements and the like are enforceable.
>
> http://caselaw.findlaw.com/us-7th-circuit/1405266.html

What the decision actually said:

"Shrinkwrap licenses are enforceable unless their terms are objectionable on
grounds applicable to contracts in general (for example, if they violate a rule
of positive law, or if they are unconscionable)."

In other words, a particular shrink-wrap license can still lose if it's
found to have adhesion problems even WD40 can't fix.

Possibly a more important question for most people on this list - if a
university employee who does *not* have signature authority (in other words, is
*not* authorized to enter into contracts on behalf of the university) clicks
through a EULA or similar on a university-owned system, how binding is the
resulting "contract", and who are the parties?

This could become an issue if the BSA shows up and wants an audit, and you've
had low-level staffers installing software without keeping track of licenses...

Attachment: _bin
Description: