Specht v. Netscape Communications Corp

Internet Users Not Bound by Hidden License Agreements: The Second Circuit Court of Appeals has ruled that Internet users cannot be bound by a license agreement mandating arbitration when the agreement was buried on the second page of a free software download program. Specht v. Netscape Communications Corp. Although normally such contracts of adhesion are enforceable, even if a party has failed to read the terms of such agreement, several circuits have now ruled that in the online world contracts will not be enforced without click-wrap.