Specht v. Netscape

1. Who were the parties involved in the case? (plaintiff/defendant/respondent/petitioner)

Christopher Specht, John Gibson, Michael Fagan, Sean Kelly, Sherry Weindorf, and Mark Gruber are the plaintiff

Netscape the defendant

2. What were the facts in the case?

Netscape offered all visitors to its website SmartLoad software provided the visitor clicked his or her mouse on a designated box labeled Download. A reference to a license agreement appeared on the screen in which the Download box was located but the license agreement itself appeared on the next screen.

The license agreement contained a clause requiring that any dispute between the parties proceed to arbitration, rather than to court. 6 plaintiffs later filed suit against Netscape relating to the software. Netscape demanded that the suit be dismissed and that all the plaintiffs be compelled to have their claims arbitrated instead.

Liuzzo, Anthony L., and Ruth C. Hughes. Ch 29, Case Analysis. Essentials of Business Law, 11th ed., McGraw Hill LLC, New York, NY, 2019, p. 492.

3. What was the Rule of Law in the case? (Rule of law the court applies to determine the rights of the parties)

Fill in the blank

4.Who won the case? Why?

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