Website operators often take for granted the enforceability of their websites’ terms of service. In a recent order issued in a case from the Central District of California, Nguyen v. Barnes & Noble, Inc., Judge Josephine Tucker reminds us that such presumptions are not necessarily correct: terms of service that do not require an affirmative… Continue Reading
Tag Archives: browserwrap
Computer Crime Prosecutions Face New Difficulties
Posted in Litigation, Terms of UseIn two recent decisions issued within a day of each other, two influential federal courts limited the scope of three important federal laws used to prosecute criminal conduct involving computers. On April 10, 2012, the Ninth Circuit limited the scope of criminal liability for prosecutions under the Computer Fraud and Abuse Act, and on the… Continue Reading
Facebooks’s Online Terms of Service Held to Be Enforceable
Posted in Terms of UseIn the recent online contracting case of Fteja v. Facebook, Inc., a New York federal court held that a forum selection clause contained in Facebook’s Statement of Rights and Responsibilities (the “Terms”) was enforceable because the plaintiff assented to the Terms when registering to use Facebook. The court’s analysis and holding followed the recent trend… Continue Reading