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Posted by Harlan Messinger on 09/12/06 14:17
Andy Mabbett wrote:
> In message <4mld9vF6nv08U1@individual.net>, Harlan Messinger
> <hmessinger.removethis@comcast.net> writes
>
>> A click-through agreement possesses all the elements that, in the US at
>> least, constitute a valid contract, and to anyone familiar with
>> contracts this much is obvious.
>
> Claiming "this much is obvious" is hardly a strong argument; not least
> because it's far from obvious.
If you know what constitutes a contract in the first place, yes, it is
obvious, just as obvious as it is to anyone looking at me that I have
two eyes, a nose, and a mouth. You don't have perform a complex analysis
of a EULA to find the elements of a contract--they're right there.
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