Please note that the content of this book primarily consists of
articles available from Wikipedia or other free sources online.
Specht v. Netscape, 306 F.3d 17 (2d Cir. 2002), is 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 the consumer assented
to the license. Specifically, if a web page only has the link to
the license below the link to the download, then the license terms
might not be conspicuous enough to imply mutual assent to the
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