Specht V. Netscape Communications Corp.
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Specht V. Netscape Communications Corp.
''Specht v. Netscape'', 306 F.3d 17 (2d Cir. 2002),''Specht v. Netscape Communications Corp.''306 F.3d 17(2d Cir. 2002). is a ruling at the United States Court of Appeals for the Second Circuit regarding the enforceability of clickwrap software licenses under contract law. The court held that merely clicking on a download button does not show assent to license terms, if those terms were not conspicuous and if it was not explicit to the consumer that clicking meant agreeing to the license. Background Christopher Specht and several co-plaintiffs were users of the Netscape web browser and related software that they had downloaded from the Internet. The plaintiffs argued that they had not been given an opportunity to review and possibly refuse all the End User License Agreements (EULAs) that came with the software. Upon reviewing the agreements later, they found that they disagreed with a stipulation that any legal disputes must go to arbitration rather to court, and with various ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long b ...
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Clickwrap
A clickwrap or clickthrough agreement is a prompt that offers individuals the opportunity to accept or decline a digitally-mediated policy. Privacy policies, terms of service and other user policies, as well as copyright policies commonly employ the clickwrap prompt. Clickwraps are common in signup processes for social media services like Facebook, Twitter or Tumblr, connections to wireless networks operated in corporate spaces, as part of the installation processes of many software packages, and in other circumstances where agreement is sought using digital media. The name "clickwrap" is derived from the use of "shrink wrap contracts" commonly used in boxed software purchases, which "contain a notice that by tearing open the shrinkwrap, the user assents to the software terms enclosed within". The content and form of clickwrap agreements vary widely. Most clickwrap agreements require the end-user to manifest their assent by clicking an "ok" or "agree" button on a dialog box or p ...
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United States Court Of Appeals For The Second Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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United States Contract Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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Eric Goldman
Eric Goldman (born April 15, 1968) is a law professor at Santa Clara University School of Law. He also co-directs the law school's High Tech Law Institute. and co-supervises the law school's Privacy Law Certificate. Career overview Goldman is a leading expert in the fields of Internet Law and Intellectual Property. He was part of the first wave of teaching Internet Law courses in law schools, having taught his first course in 1995–96. He has testified before Congress on the Consumer Review Fairness Act, Stop Enabling Sex Traffickers Act (SESTA), and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). In a well-publicized December 2005 post to hiTechnology & Marketing Law Blog Goldman incorrectly predicted Wikipedia's demise in five years. Goldman has co-authored (with Rebecca Tushnet of Harvard Law) the first ''Advertising & Marketing Law'' casebook for the law school community. He has been shortlisted as an "IP Thought Leader" by ''Managing IP'' magazine. a ...
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Arbitration Clause
An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause. Arbitration clauses are frequently paired with class action waivers which prevents contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also include a provision which requires parties to waive their rights to a jury trial. All three provisions have attained significant amounts of support and controversy, with proponents arguing that arbitration is equally as fair as courts and a more informal, speedier way to resolve disputes, while opponents of arbitration condemning the clauses for limited appeal options and allowing large corporations to effectively silence cl ...
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Computer Fraud And Abuse Act
The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law (), which had been included in the Comprehensive Crime Control Act of 1984. The law prohibits accessing a computer without authorization, or in excess of authorization. Prior to computer-specific criminal laws, computer crimes were prosecuted as mail and wire fraud, but the applying law was often insufficient. The original 1984 bill was enacted in response to concern that computer-related crimes might go unpunished. The House Committee Report to the original computer crime bill characterized the 1983 techno-thriller film ''WarGames''—in which a young teenager (played by Matthew Broderick) from Seattle breaks into a U.S. military supercomputer programmed to predict possible outcomes of nuclear war and unwittingly almost starts World War III—as "a realistic representation of the automatic dialing and access capabilities of ...
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Electronic Communications Privacy Act
Electronic Communications Privacy Act of 1986 (ECPA) was enacted by the United States Congress to extend restrictions on government wire taps of telephone calls to include transmissions of electronic data by computer ( ''et seq.''), added new provisions prohibiting access to stored electronic communications, i.e., the Stored Communications Act (SCA, ''et seq.''), and added so-called pen trap provisions that permit the tracing of telephone communications ( ''et seq.''). ECPA was an amendment to Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (the Wiretap Statute), which was primarily designed to prevent unauthorized government access to private electronic communications. The ECPA has been amended by the Communications Assistance for Law Enforcement Act (CALEA) of 1994, the USA PATRIOT Act (2001), the USA PATRIOT reauthorization acts (2006), and the FISA Amendments Act (20 Overview "Electronic communications" means any transfer of signs, signals, wr ...
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Netscape Communications Corporation
Netscape Communications Corporation (originally Mosaic Communications Corporation) was an American independent computer services company with headquarters in Mountain View, California and then Dulles, Virginia. Its Netscape web browser was once dominant but lost to Internet Explorer and other competitors in the so-called first browser war, with its market share falling from more than 90 percent in the mid-1990s to less than 1 percent in 2006. An early Netscape employee Brendan Eich created the JavaScript programming language, the most widely used language for client-side scripting of web pages and a founding engineer of Netscape Lou Montulli created HTTP cookies. The company also developed SSL which was used for securing online communications before its successor TLS took over. Netscape stock traded from 1995 until 1999 when the company was acquired by AOL in a pooling-of-interests transaction ultimately worth US$10 billion.
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commerci ...
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Sonia Sotomayor
Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since August 8, 2009. She is the third woman, first woman of color, the first Hispanic, and first Latina to serve on the Supreme Court. Sotomayor was born in The Bronx, New York City, to Puerto Rican-born parents. Her father died when she was nine, and she was subsequently raised by her mother. Sotomayor graduated ''summa cum laude'' from Princeton University in 1976 and received her Juris Doctor from Yale Law School in 1979, where she was an editor at the ''Yale Law Journal''. She worked as an assistant district attorney in New York for four and a half years before entering private practice in 1984. She played an active role on the boards of directors for the Puerto Rican Legal Defense and Education Fund, the State of New York Mortgage Agency, ...
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