C
caver1
At the same time courts have called many of them nonbinding because theyarachnid said:LOL! He can't even tell you who you supposedly lied to. Microsoft? They
don't even know you exist, let alone that you read (or did not read)
the text and clicked that button, so how can you be lying to Microsoft?
This is in fact the basis upon which some countries invalidate shrinkwrap
agreements, and I believe it's also the basis upon which the UCC
conflicts with - and may override - the DMCA. To be binding, a contract
must be agreed upon between two or more parties and each party has to be
aware of all the other's agreement to the contract. In other words, if you
sign a contract in the privacy of your own home and the other party to the
contract isn't aware that you signed it, then the contract isn't legally
binding. Now substutite "Click 'I Agree'" for "sign a contract".
are not legal even if both parties agreed to it in the first place. That
doesn't mean that either one is unethical or maybe only one but it is
still not a legal contract.