从美国法院的司法案例看用户协议的效力认定

Judging the effectiveness of user agreement from the judicial case of US courts

自上个世纪九十年代以来,美国法院对用户协议的态度从最初认为拆封许可合同是合同的一个异类,到逐步认可拆封许可合同、点击授权合同和浏览授权协议是适应互联网经济发展的合同形式,对用户协议的效力认定也大多以是否对用户尽到合理告知义务为标准,并在不同的案例中,对告知的判断标准做了细化的规定,对我国有一定的借鉴意义。

Since the nineties of the last century, the attitude of the United States court towards on the user agreement has changed from the initial view that shrink-wrap contracts was abnormal to the current idea that the Shrink-wrap contract, click-warp contract and browse-warp contract are to adapt to the Internet economic development. The validity and the en- forceability of the user agreement are mostly up to the reasonable informing to the user, and in different cases, the court makes specific criteria on the obligation of informing, Which has certain reference significance to our country.