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I've seen countless TOS/EULA/Legal agreements that basically say, 'Click here to Agree'.

What legal implication (if any) is there if I circumvent the action of clicking on that link/checkbox/button?

As a teenager, I'd always use keyboard shortcuts to continue the installer/or enter the website. I figured that, since I didn't 'click' with a mouse, I didn't agree. Sure, I pressed tab, tab, enter, but that is not a click. At least, that's what I'd tell myself.

I'm older now, and I can come up with far more elaborate ways to advance the installer without actually clicking. I can use Win32API calls to simulate a click, or I can use Javascript to send plain text up to the server that will let it continue, or use a debugger to just completely jump over the code that checks for my agreement.

From a legal perspective - does any of that matter? If the screen says, 'Click to continue' and I drop my cat on the keyboard 50 times until the screen advances, have I avoided the agreement? Or am I just a crazy guy throwing my cat around the office?

  • I think what also will matter is that many TOS documents contain clauses that you are not allowed to "hack" the system. Your creative ways to "skip" the agreement would probably fall into this category and thus breach the contract. But then again you didn't agree to it. Mmh... – analog-nico Sep 28 '16 at 5:09
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It's not a duplicate question, but I give a bunch of case law regarding clickwrap agreements here: https://law.stackexchange.com/a/9345/3851

Roughly, in the US, the test has been something like: "would a reasonably prudent offeree have known of the existence of license terms". If you proceed, when a reasonably prudent person would know that doing so indicated agreement with some terms, you will be deemed to have agreed to them. Whether you literally clicked doesn't matter.

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