Feldman v. Google, Inc.

When setting up the service, Feldman agreed to Google's clickwrap license, and acknowledged that the first few paragraphs of the agreement had been visible on his computer screen, while the rest could be seen by scrolling down.

[1] In March 2007, Judge James T. Giles of the Eastern Pennsylvania District Court had to determine whether the clickwrap license at issue was an enforceable contract, and whether Google's motion to move the case to California per the forum selection clause was valid.

Thus, Feldman was bound by the agreement and he had no valid argument for being deceived or defrauded, because a reasonable computer user would find that the contract's terms were visible and the pricing plan was described appropriately.

[1] As a result, Giles denied Feldman's claims of contract law violations and ordered that any further trial on his fraud allegations and other matters take place in Google's selected court in Santa Clara, California.

Feldman v. Google, Inc. is widely cited as an important and defining early precedent on the enforceability of clickwrap licenses in American contract law, as long as the user has sufficient opportunity to read the terms before clicking their agreement.