The click-wrap conundrum
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...Then there is a note in 8-point typeface that says, "by downloading this software [or using the website] you are agreeing to abide by these terms and conditions." Are you bound by this EULA? A recent lawsuit by the U.S. Federal Trade Commission against purveyors of spyware essentially argues that you may not be. [Ed.- It is beyond logic that a unilateral contract can be binding, especially when there is no way to review it before purchase, or it is incomprehensible, but the courts have upheld EULAs- until now.]
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