Howard J Bashman blogs an appellate court ruling stating that clicking through on a link does not necessarily constitute accepting terms of a contract, particularly in the case where the link is above the terms of the agreement in question. The specific case involves a class action suit against Netscape SmartDownload where Netscape asserted that users agreed to resolve disputes by arbitration when they clicked through to get the product. Not so, said the court. I’ll be looking for news articles on this topic.