Case: Parties


Specht v Netscape Communications Corporation (2002) pp. 349-360 Plaintiff - Specht Defendant - Netscape

Procedural History: District court denied the defendant's motion to compel arbitration and to stay court proceedings. On appeal. Facts: Plaintiffs downloaded free software from defendant's webpage. The software license terms were available below the download button, but the user would have had to scroll all the way down the webpage to see it before clicking on the download button. The license terms included an arbitration clause. Issue: Whether a person downloading software off a website has agreed to software license terms, where the downloader could not have learned of the existence of those terms, unless prior to download, they had scrolled down the webpage to a screen located below the download button. - No. Holding: Affirmed. arbitration clause. Not subject to the license terms, specifically, the

Reasoning: Court held that the notice of additional terms was too obscure and so no acceptance.

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