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Posted by Jukka K. Korpela on 09/11/06 22:03
Stephen Poley <sbpoleySpicedHamTrap@xs4all.nl> scripsit:
> I went to a seminar on the law relating to software in the
> Netherlands a few years ago. The speaker on this matter said it had
> not been tested before the courts, and it was uncertain whether a
> click-through agreement would stand up in the Netherlands.
Hardly anyone _wants_ to test it in a court. There would be a lot of
expenses to lose and little if anything to win. But this still isn't an HTML
issue.
Well, I do have an ObHTML here:
Given any normal www form or link that is claimed to constitute a contract
when clicked on, based on stuff on the page where it resides, one can
construct a link that leads to the same page and does not involve any kind
of reference to any commitment or contract. (If the form uses POST method,
you need either a little bit of JavaScript or a simple server-side piece of
software.) So how could you prove that the user who enters the page has
actually even seen your "click-through agreement"? Right, you don't.
--
Jukka K. Korpela ("Yucca")
http://www.cs.tut.fi/~jkorpela/
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