Re: Contracts & Usage (was Re: FilterProxy and DFSG)

[William T Wilson <fluffy@snurgle.org>]

On Tue, 13 Mar 2001, Edmund GRIMLEY EVANS wrote:

> > But in order for it to have any legal validity, you do need to have a
> > little click-here-to-agree thing before the user uses the program.  
> 
> How can that make any difference? Assuming that we are talking about

It doesn't.  Click-through type agreements are generally not enforceable
except under the UCITA, which is only in two states and only in the US.  
I am not aware of specific court cases ruling click-through agreements
invalid, however their invalidity was often pointed out during the
lobbying for/against UCITA.

UCITA hasn't been tested for constitutionality yet, either, so it might
well turn out that even in Maryland and Virginia such agreements are not
legal. :}