“Clickwrap” licensing established as legal in Irish court
“The evidence does establish that there is a practice in the airline and online travel agency sectors of contractually binding web users by click wrapping or browse wrapping, which practice is generally and regularly followed by the operators in those sectors. In reality, it is difficult to see how online trade could be carried on in the absence of those devices. As regards the third question which arises from the MSG decision, in this case it is whether the defendant was aware or is presumed to have been aware of the practice. The evidence before the Court, in my view, clearly demonstrates that the defendant was aware of the practice, it being a practice which is generally and regularly followed when making bookings with online travel agents and with airlines and which, in the words of the Court in the MSG case, may be regarded as being a consolidated practice. Accordingly, in my view, by application of Article 23(1)(c), the defendant is bound by the jurisdiction clause in the Terms of Use on the plaintiff’s website by its use, either through the medium of an automaton or a manual operator or a third party data provider, of the website.”
(via Rossa McMahon)