Feldman v. Google Inc. United States District Court 2007 1) Facts a) Plaintiff bought advertising from Google b) The advertising was based on search terms and clicks on the advertisement c) This procedure is known as pay per click advertising 2) History a) Plaintiff claims he was victim of click fraud b) Plaintiff seeks damages, disgorgement of any profits defendant made, and restitution 3) Issues a) What jurisdiction should the case be i) Court decides that federal jurisdiction will apply based on forum selection clause in diversity cases b) Is click wrap agreement enforceable? i) The user had to accept the agreement to activate his account. The text was presented in a scroll down box with the check box under it. The defendant had to have seen the terms before he could have accepted it. Not reading the terms does not excuse the plaintiff from the terms listed in the box. c) No price agreed upon i) The system for the price was agreed upon. The process was described with sufficient definiteness to indicate the market price with reasonable certainty; therefore the price clause was met. 4) Judgment: Platinffs motion for summary judgment denied