Software licensing. (Lieschke v. RealNetworks, Inc.)

The previous installment of this column addressed court decisions in the rapidly evolving area of the validity of Web site-related agreements, and focused on the decision of the US District Court for the Central District of California in Ticketmaster v. Tickets.com, [54 U.S.P.Q.2d 1344 (C.D. Cal. 2000)]. Two months after the Ticketmaster decision in California the federal court in Chicago enforced a clickwrap license. In In re RealNetworks, Inc. Privacy Litigation, [2000 U.S. Dist. LEXIS 6584 (N.D.Ill. 2000)], the court held that a clickwrap license, which required acceptance prior to the installation of software, is sufficient to constitute a writing, as required by the Federal Arbitration Act (FAA). The court also held that such a license was not unconscionable.

RealNetworks offers versions of two products for free on its Web site that allow users to hear and see audio/visual files on the Internet. To install this software, users must accept the terms of an on-screen license agreement by clicking in a box. Among the …