In which three cases are shrink film agreements in question? Could you please mention them? To learn more about creating shrink wrap, click envelope, or browser envelope license agreements in the United States, contact us. The legal status of shrink film contracts in the United States is somewhat unclear. In the 1980s, software licensing enforcement laws were enacted by Louisiana and Illinois to address this issue, but parts of the Louisiana Act were struck down in Vault Corp. v. Quaid Software Ltd., and the Illinois law was quickly repealed.  Even the anamnesis does not clarify the confusion. A number of cases follow proCD v. Zeidenberg, which concluded that these contracts were enforceable (see e.B Bowers v. Baystate Technologies) and the other follows Klocek v. Gateway, Inc., which found these agreements unenforceable (e.B. Specht v.
Netscape Communications Corp.), but did not comment on the shrink film contracts as a whole. These decisions are divided on the issue of consent, the first being that only an objective manifestation of consent is required, while the second requires at least the possibility of subjective consent. In particular, the Netscape contract was rejected because it did not have an explicit consent decision (no “I agree” button) and because the contract was not presented directly to the user (users had to click on a link to access the terms). However, the Court stated in the present case that “a reasonably visible notice of the existence of contractual terms and the clear demonstration of consumers` ability to comply with those conditions are essential for electronic negotiations to be honest and credible”. Specht, 306 F.3d 17. In Specht v. . .