The following is provided for information purposes, and not meant to be legal advice.
As to browse wrap licenses in the United States, in Specht v. Netscape Communications Corp., 00 Civ. 4871, a case of first impressions, Internet users who downloaded free software from a web site were found not to be bound by a browse wrap license that appeared on the site.
The New York federal judge stated that the browse wrap license did not require the user to view any license prior to download of the software. The user did not have to click on an icon expressing assent to the license. The product contained a mild request to read the license that did not provide adequate notice of a binding contract: “Please review…”
The language was interpreted by the court as a mere invitation, not a condition that the user “must” agree to the license terms before downloading and using the software.
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