Can a mass-mailing computer virus become legal if it is "authorized" by a click wrap license agreement? That's the novel question raised by the FriendGreeting email, which invites email users to download an application to view an electronic greeting card. The program, which has been circulating widely around the world in recent weeks, then sends itself to email addresses in the victim's Outlook contacts file. This would be just another nuisance virus, except for a new wrinkle – the program is launched by clicking on an ordinary-looking click wrap license agreement. And buried deep in the license terms is a clause that gives permission to send the message to everyone on the licensee's contact list. Most people simply don't bother to read the license terms, or even to scroll through them. So, is this a virus or not? Is the license valid? Is it enforceable, as a defence against anti-virus laws? Stay tuned. For additional information on the virus, FriendGreeting, visit: http://makeashorterlink.com/?L2FB34D42

E-TIPS® ISSUE

02 11 21

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