Consumer Law and Policy Blog has a great article on the moronic “browse-wrap” agreements, a derivation of the “shrinkwrap” licensing terms that appear inside packaged software. The Browse-wrap agreements is the terms and conditions which the company believes that they are able to enforce on anyone who happens to browse over to their website.
In fact the company Inventor-link has the following terms in there browse-wrap (“Privacy and User Agreement):
Furthermore, we strictly prohibit any links and or other unauthorized references to our web site without our permission.
So even without visiting their website they claim that people cannot link to their site without their prior consent.
Consumer Law and Policy Blog writes:
Depending on the circumstances of the case, browse-wrap agreements may or may not be enforceable. Where a company has included a provision prohibiting fair use for purposes of criticism, however, it is hard to see how any court would enforce the agreement. Readers of a site have little opportunity to review and agree to such terms, and a reasonable consumer who had reviewed the terms would be unlikely to agree to them.
Attempting to control linking is not a new phenomena. Back in 2001 KPMG attempted to intimidate the owner of a website and prevent him from linking to the KPMG theme song (oh, yes!) by claiming that he had not been approved through a “Web Link Agreement”, read the story (and the cheesy song lyrics) on Wired.
The article over at Consumer Law and Policy Blog contains an interesting analysis of the situation and I recommend that everyone should read the article and take a stand to make sure that idiotic licenses (?) such as these become as worthless as the code they are written in.