On Tue, 13 Mar 2001, Edmund GRIMLEY EVANS wrote: > > But in order for it to have any legal validity, you do need to have a > > little click-here-to-agree thing before the user uses the program. > > How can that make any difference? Assuming that we are talking about
It doesn't. Click-through type agreements are generally not enforceable except under the UCITA, which is only in two states and only in the US. I am not aware of specific court cases ruling click-through agreements invalid, however their invalidity was often pointed out during the lobbying for/against UCITA. UCITA hasn't been tested for constitutionality yet, either, so it might well turn out that even in Maryland and Virginia such agreements are not legal. :}