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Novak v. Overture

In Germany it is discussed whether a masthead that can only be reached by clicking on a hyperlink that can first be seen after scrolling a website is compliant with German law ( 6 TDG). I have also written an article on this topic, discussing a decision by a Munich judge. In the USA the District Court for the Eastern District of New York held that a forum selection clause incorporated into an ISP's terms of use agreement was not unconsciable simply because the computer window allowed the user to view only ten lines of the agreement at a time and the clause's terms appeared more than three hundred lines into the document. In the opinion of the court, there was a full and fair opportunity to read the entire document.

 

See the text of the decision in the case Novak v. Overture Inc.

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