🏅 UnreasonableWoman, SLS '24 |

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Specht v. Netscape Communications Corp.

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

Tags: Contracts, Lack of notice, Browsewrap, Acceptance

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

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...

🤯 High points 🤯Key points contributed by students on LSD

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WaitlistedLawDog
14:58
But all super super unlikely. I’m thinking after June 1 maybe
FestiveLackadaisicalFousek
14:59
i feel like all these schools are tying to chill right now - winding down from the end of the year/graduation
FestiveLackadaisicalFousek
14:59
and that will last for a few more weeks
FestiveLackadaisicalFousek
14:59
then WL bloodbaths throughout the summer
WaitlistedLawDog
15:04
Yeah agree
WaitlistedLawDog
15:04
Read that WashU hasn’t gone to the WL before June 1 in years
WaitlistedLawDog
15:07
GULC did have some feeler calls this week so maybe a couple As today
LowkeyHarveySpecter
15:08
I have a feeling we are going to see some schools move today though
SassyFrenchBulldog
15:13
@BertieWilberfursWoofster: I missed this!! You got into W&L too? Congrats!!! I hope you're celebrating like crazy this weekend!
BertieWilberfursWoofster
15:45
@georgiapeach88: GEORGIA
BertieWilberfursWoofster
15:46
@georgiapeach88: THANK YOU PEACH!!!
BertieWilberfursWoofster
15:46
@SassyFrenchBulldog: AHH THANK YOU!!!
EminentTemporaryBeaver
16:11
When you send a LOCI, do you just attach it to an email as a PDF?
Aangypoo
16:21
Any UT WL movement yet? Any chance of UT WL movement today?
Aangypoo
16:21
What was the UT thing about earlier? I missed it and can't see the convo now lol
reversesplittercore
16:24
I also would like to know aha.
reversesplittercore
16:24
It’s been awhile since they’ve done releases. I wonder if they will do more today.
Aangypoo
16:38
I hope not more releases. I hope acceptances, but I may be a bit hopeful here lol
Kwikquestyun
16:38
Bertie: I know this is kind of weird, but I've been reading this chat all cycle long as a MOM, and I CANNOT EXPRESS to you how much I've been rooting for you. You have been such a force of positivity, support, and good humor for everyone else all cycle long. All I wanted was for you to get into W&L because you so deserved it. This news has literally MADE MY DAY. This is absolutely the response you deserved for all the good karma you've shown to everyone else. You are going to do so well. Con
reversesplittercore
16:39
Haha I hope acceptances. I imagine they may move closer to to their letter intent though.
Kwikquestyun
16:39
PS. I posted something like this earlier, but I think you were offline, and I just wanted you to know that I was cheering you on!
reversesplittercore
16:39
*of intent.
recaptcha
16:47
is there any Vandy movement?
ThisIsTheEnd
17:00
another week
ThisIsTheEnd
17:00
another no A
ThisIsTheEnd
17:00
down bad
ThisIsTheEnd
17:00
have a good weekend everyone
ThisIsTheEnd
17:00
talk to yall on monday
BurlyNoxiousChimpanzee
19:52
I just wanna say yay to everyone who got in off their WLs too! I got a call finally from Quinnipiac today at 4:44pm. Unfortunately, I was napping with earplugs in because I was extremely wiped out. So I have no clue what they wanted. At this point, unless they come with their wallet very open, I can't go there anyway. But still I want to know what they want finally! Anyway, good luck to y'all. People I know in admissions at a couple places said the musical chairs game is about to get INTENSE over
BurlyNoxiousChimpanzee
19:52
the next two weeks so get strapped in!