Utah judge freezes anti-spyware law

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But are user agreements binding?

That is a kind of gray area that I don't think has been tested in the courts. Does checking a check box and clicking "OK" constitute entering into a binding agreement between two parties? I think this is the real reason why the Internet Alliance and the companies that they represent are against this legislation. Because if spyware/adware programs are illegal then it follows that the user agreements must be invalid. If this is the case can you imagine what that could mean to companies like Microsoft that use these agreements to enforce their licensing models or companies like Amazon that require shoppers to agree to pay for the items that they purchase online. Whatever your viewpoint it is important that issue is looked at from all angles because of the potential to ruin so many legitimate business models.

Posted by: mcunningham   Posted on: 06/23/04 You are currently: a Guest | Members login | Terms of Use

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