Intellectual property and retractable film licenses, Lemley, M. A. (1994). Cal S. L. Rev., 68, 1239. There is a good chance that you will agree to encircle contracts on a regular basis. These agreements are usually displayed on an independent page when the user follows an online registration process. B, such as creating an email account, an online bank connection process, an online purchase or a new program installation. Sometimes these arrangements are ridiculous by displaying dozens of pages of text in a tiny window, which virtually no user would take the time to read. The term comes from shrinking film contracts, which are also common in the software industry.
The basic idea is that the user receives a message saying „by opening this package, you accept our terms and conditions… The Clickwrap agreement allows online companies to enter into contracts with many customers without negotiating individually with them. In addition, clickwraps allow companies to store electronic signatures and include additional clauses not provided for by the current cyber law. In the United States, the court`s position on the feasibility or othery of retractable packaging is by no means clear. While some cases follow ProCD v. Zeidenberg, which has maintained enforceable retractable film contracts, follow klocek v. Gateway, Inc., who found the contracts to be unenforceable. Several legal attempts have been made to treat the corap reduction agreement in accordance with consumer consent, but court decisions are divided. Therefore, there is no clear reason for the legal status of packaging or reduction agreements in the United States. Today, online users regularly encounter clickwrap agreements. Some examples are The Shrinkwrap Licensing Contracts: A New Light on an Unwelcome Problem, Hayes, D. L. (1992).
Mass Market Software and the Shrinkwrap License, Rich, L.L. (1994). The law.