PRIOR ART REQUEST: US20150066784 "Automated Clickwrap and Browsewrap System"

7

I would like some help finding prior art for US20150066784.

The patent describes a system focused on the browsewrap vs. clickwrap distinction when it comes to legal agreements, but the entire system seems like a industry best practice.

I view that the clickwrap implementation (a checkbox with the "I Agree" text) to make sure the user agrees to an agreement has already been best practice for a while now, popularized more and more since the Zappos lawsuit.

Even a system of tracking users to keep track who agreed to certain agreements has been best practice, though not popularized as much.

I currently found 2 examples of prior art, but it would be great to see if more prior art exists.

Examples of prior art (especially for for 1st and 6th claims):

1. A method for monitoring end-user viewing of agreements over a computer network

6. A method for monitoring end-user affirmative consent to agreements over a computer network

Hasn't this be already done by the Agreeable Records plugin for WordPress, first launched in Jan 2014 ?

Need to track when a user logs in and agrees to your terms? Agreeable Records tracks     
the user’s email and IP address with every login agreement, allowing you to keep 
detailed records of a user’s agreement to your terms & conditions. Requires Agreeable 
plugin.

The plugin is specifically built for this, but many other form plugins for WordPress allow developers to add the "I Agree" checkbox on their web forms:

PrivacyCheq and its Cliqwrap system is being described similarly:

CliqWrap stores user acceptance of your TOS / EULA, allowing new games to bypass 
requesting duplicate approvals. When your legal agreements change, one button resets 
approvals so all users will see the new terms at next login.

image of PrivacyCheq

The WP E-Signature plugin for WordPress seems similar to this (a public mention of launch was in May 2014, but the domain name was registered in 2010), including tracking users who agreed to specific agreements, but users agree to the agreement via their e-signature:

image for WP E-Signature

Max

Posted 2015-04-12T15:20:39.567

Reputation: 171

Out of curiosity, what's the goal behind finding prior art for this patent? – curious_cat – 2016-02-08T04:09:28.087

Can we all agree not to call applications patents? This is an application, not a patent. It may never become a patent and if it does, its claims are likely to change. I'm all for finding prior art for over broad applications, but using the term patent confuses people. – Eric S – 2017-01-10T14:40:18.020

The application got a non final rejection, the claims will probably be narrowed in the response. – DonQuiKong – 2017-04-10T13:31:17.243

one need to also check out if agreements are user specific. – Pushpak – 2015-04-13T05:19:14.717

@Pushpak Could something like WP Digital e-Signature be considered prior art in regards to this? It's more focused on e-signature, but the web forms are still implemented using clickwrap implementation and they agree to a specific agreement (NDA, etc.)

– Max – 2015-04-13T08:24:11.640

In order to get the best help from the community, it would help to have a date so that we know when "prior" is. – McKay – 2015-04-13T13:37:18.503

@McKay Good point, thanks. Updated with what I could find. – Max – 2015-04-13T20:32:28.977

Answers

1

I found this, it's called End User License Agreement Detection and Monitoring, this is what the abstract says:

"An approach is provided for detecting and monitoring end user license agreement (EULA) compliance is provided. A request to access a executable software code is received from an end user. A EULA version corresponding to the requested executable software code is identified. A determination is made as to whether the end user has accepted the identified EULA. If the end user has not accepted the identified EULA, then an out of date EULA notification is sent to the end user, the EULA is sent to the end user requesting an acceptance to the EULA. A EULA response is received from the end user. If the end user accepts the EULA, then the end user is allowed access to the executable software code."

hope this helps! :)

pageman

Posted 2015-04-12T15:20:39.567

Reputation: 338

0

Browsewrap Agreements: Register.com, Inc. v. Verio, Inc.; Tracy, James J.

Not an expert in electronic but Seems to be listing most of the contents with inference and observations. Probably teaching the same.

Are Browse-Wrap Agreements All They Are Wrapped Up To Be?

Pushpak

Posted 2015-04-12T15:20:39.567

Reputation: 2 115