Dinner and a Casebook

because, as a culture, we've officially run out of legal culinary puns

kale salad with pecorino and walnuts & end user license agreements

kale salad with pecorino and walnuts & end user license agreements

Smitten Kitchen’s kale salad with pecorino and walnuts. (Don’t get me wrong. Lunch was fast-food lamb.)

Fteja v. Facebook, Inc.,, 841 F. Supp. 2d 829 (S.D.N.Y. 2012). Plaintiff sued Facebook in New York over the disabling of his account and Facebook attempted to move the suit to California. Plaintiff claimed that the clause in the Terms of Service allowing Facebook to do that didn’t hold because the Terms of Service were only hyperlinked, not posted as part of the contract. It’s an interesting holding that comes down pretty hard on the side of the “By clicking Sign Up, you’re agreeing to our Terms of Service”-style disclaimer as fully protective.

“There is no reason why that outcome should be different because Facebook’s Terms of Use appear on another screen rather than another sheet of paper. What is the difference between a hyperlink and a sign on a bin of apples saying ‘Turn Over for Terms’ or a cruise ticket saying ‘SUBJECT TO CONDITIONS OF CONTRACT ON LAST PAGES IMPORTANT! PLEASE READ CONTRACT–ON LAST PAGES 1, 2, 3’?… The mechanics of the internet surely remain unfamiliar, even obtuse to many people. But it is not too much to expect that an internet user whose social networking was so prolific that losing Facebook access allegedly caused him mental anguish would understand that the hyperlinked phrase ‘Terms of Use’ is really a sign that says ‘Click Here for Terms of Use.'”

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