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Specht v. Netscape Communications Corp.
Specht v. Netscape, 306 F.3d 17 (2d Cir. 2002),〔 is a case in the United States Court of Appeals for the Second Circuit regarding the enforceability of browse-wrap software licenses. The court held that merely clicking on a download button does not show assent to license terms if those terms were not conspicuous and if it was not explicit to the consumer that clicking meant agreeing to the license.〔
==Case==
The plaintiffs brought suit against Netscape Communications Corporation, alleging the defendant's SmartDownload plug-in invaded the plaintiffs' privacy in violation of the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act.〔"(The Original Complaint in ''Specht v. Netscape'' and AOL )", ''Tech Law Journal'', accessed October 1st, 2010〕 Netscape moved to compel arbitration and to stay court proceedings, arguing that the plaintiffs agreed to arbitration in the End User License Agreement. This means that any disputes, such as an invasion of privacy, would be settled out of court by an arbitrator. The plaintiffs allegedly accepted this EULA when they downloaded the plug-in.〔''Specht v. Netscape Communications Corp.'', (306 F.3d 17 ) (2d Cir. 2002).〕
The U.S. District Court for the Southern District of New York denied Netscape's motion.〔''Specht v. Netscape Communications Corp.'', (150 F. Supp. 2d 585 ) (S.D.N.Y. 2001).〕 The United States Court of Appeals for the Second Circuit heard the appeal, and affirmed the district court's decision, finding that "plaintiffs neither received reasonable notice of the existence of the license terms nor manifested unambiguous assent to those terms before acting on the web page’s invitation to download the plug-in program".〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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