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Specht v. Netscape Communications Corp.

306 F.3d 17 (2d Cir. 2002)

tl;dr: Plaintiffs downloaded software that invited users to read the terms and conditions. Users, however, could only see this invite if they scrolled down of their own volition. Plaintiffs did not scroll down. The agreement had an arbitration clause.

IRACIssue, Rule, Analysis, Conclusion

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Facts & Holding

Facts:Plaintiffs Specht et al. downloaded Defendant Netscape’s SmartDownload software. Below...

Holding:Affirmed. An offeree, regardless of apparent manifestation of her consent...

Specht v. Netscape Communications Corp.

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