Scraping site implies assent to terms

Mike Madison of Pitt points out a new case being reported on the InternetCases.com web site.  In the case, a U.S. district court in California holds that an Internet site that repeatedly and automatically “scrapes” content from another site will be bound by that site’s terms of use, including a forum selection clause, even where it has not manifested actual assent.  “[W]hen a benefit is offered subject to stated conditions, and the offeree makes a decision to take the benefit with knowledge of the terms of the offer, the taking constitutes acceptance of the terms, which accordingly become binding on the offeree.”   The case is Cairo, Inc. v. CrossMedia Services, Inc., 2005 WL 756610 (N.D. Cal., April 1, 2005).