Volume: 6 Issue: 10
(October 2004)
Keywords:
online
contracts
ebay
case
signals
recognition
website
court
appeal
state
california
held
exclusion
clause
ebays
user
agreement
effective
relieve
Jurisdictions:
US
The Court of Appeal of the State of California has held that an exclusion clause in eBay's User Agreement was effective to relieve eBay from liablity for defamatory material not promptly removed by eBay once put on notice.
This article considers the case in more detail and goes on to conclude that perhaps the most wide-reaching impact of the case is that the online contract was in principle no different to a traditional contract.