150 F. Supp. 2d 585 - Specht v. Netscape Communications Corp.’s Empirical Analysis
2001
Citation profile
6 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 24 later decisions — most recently June 2021
6 federal appellate · 1 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 1030 (Computer Fraud and Abuse Act) · 18 U.S.C. § 2510 (Electronic Communications Privacy Act of 1986) · 9 U.S.C. § 2 · 9 U.S.C. § 4
Relies on Klaxon Co. v. Stentor Electric Manufacturing Co. · Kawaauhau v. Geiger · In re Kost · Zurich Insurance v. Shearson Lehman Hutton, Inc. · Rogers v. Grimaldi
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“presents the user with a message on his or her computer screen, requiring that the user manifest his or her assent to the terms of the license agreement by clicking on an icon. The product cannot be obtained or used unless and until the icon is clicked.”
2 later decisions quote this exact passage · from the majority“The few courts that have had occasion to consider click-wrap contracts have held them to be valid and enforceable.”
2 later decisions quote this exact passage · from the majority“[A] browse wrap license is part of the web site[, e.g., license terms are posted on a site's home page or are accessible by a prominently displayed hyperlink,] and the user assents to the contract when the user visits the web site. No reported cases have ruled on the enforceability of a browse wrap license.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.