Netscape/AOL loses an important appeal

Discussion in 'privacy general' started by FanJ, Oct 2, 2002.

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  1. FanJ

    FanJ Guest

    Read Steve Gibson here:

    Some quotes:


    The wheels of justice turn quite slowly. But they do keep grinding
    away. Believe it or not, the class action against Netscape, which
    resulted from my exposure and publicising of the privacy breaching
    nature of Real Network's RealDownload and Netscape's SmartDownload
    utilities ... is still moving forward.

    Yesterday I received a copy of yesterday's decision, handed down by
    the Second Circuit US Court of Appeals, regarding the applicability
    of Netscape's web-site based "click wrap" license which states, among
    other things, that any dispute will be subject to arbitration rather
    than trial.

    Naturally, the attorneys who are investing their time and energy in
    pursuing this legal action on behalf of the class, need to know that
    there's the chance for a possibly significant upside. The Second
    Circuit court upheld the lower court's findings that, for several
    reasons, Netscape's "click wrap" license claims are invalid.

    The plaintiff's allegations that Netscape/AOL's SmartDownload program
    was deliberately spying upon them by secretly transmitting private
    information about their downloading of files from the Internet,
    thereby effecting electronic surveillance of their online activities
    in violation of two federal statutes -- the Electronic Communications
    Privacy Act, 18 U.S.C pp 2510, and the Computer Fraud and Abuse Act,
    18 U.S.C pp 1030 -- will now have the chance to be tested by our
    Read further at the above mentioned link.
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