> COMMENT: This section has been added because of last year's > Specht v. Netscape decision, which threw doubt on the validity of what = > has > become an accepted industry standard - of trying to make terms and > conditions applicable (particularly in the web site context) without ma= > king > it clear to the user that he/she is accepting a contract and being boun= > d by > its terms, and without requiring some affirmative "manifestation of > assent".
Was that paragraph supposed to say something different? As written, it indicates that prior to Specht v Netscape there was some way to make contract terms and conditions applicable without making it clear to the parties. (and that it was an industry standard.) That's nonsense. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3