Browsewrap Licenses in the United States

The latest development in mass-market end user license agreements (EULAs) is the socalled browsewrap agreement. It typically states that Internet users may not use a website unless they agree to the site’s terms of service.

Mann and Siebeneicher explain that “the term in its purest form includes an interface that presents a link at
the bottom of the page to the terms and conditions. It also includes more ambiguous situations, such as where there is a statement that the purchase is governed by terms that are linked to the page but requires no clicking of a radio button acknowledging the terms” (3 Ronald J. Mann & Travis Siebeneicher, Just One Click: The Reality of
Internet Retail Contracting, 108 COLUM. L. REV. 984, 990 (2008)).

In the 21st century, the law of contracts is evolving to address social media and cloud computing. It is unclear what IP rights the users of Facebook, Twitter, and YouTube surrender, and how the law will evolve to address the unique qualities social media and Internetrelated inventions. (1)

Resources

Notes

1. Based on the Article “The Path of Internet Law: An Annotated Guide to Legal Landmarks”, by Michael L. Rustad and Diane D’Angelo
2. Id.