Courts reviewing the enforceability of clickwrap agreements have relied upon the case law surrounding shrinkwrap cases in formulating their decisions. The author concludes that the legal reasoning behind the various clickwrap decisions has been relatively consistent, despite arguments made to the contrary. The author also asserts that clickwrap agreements are a legitimate form of contracting, and that objections to clickwrap are similar to objections to other forms of contracts.
Robert Lee Dickens,
Finding Common Ground in the World of Electronic Contracts: The Consistency of Legal Reasoning in Clickwrap Cases,
11 Marq. Intellectual Property L. Rev. 379
Available at: http://scholarship.law.marquette.edu/iplr/vol11/iss2/4