In A.V. v. iParadigms, LLC, 2009 U.S. App. LEXIS 7892 (4th Cir. Apr. 16, 2009), the Fourth Circuit concluded that the archiving of high school student term papers by a plagiarism detection service is protected by the fair use doctrine. Having so ruled, the appeals court did not address the district court’s analysis of the enforceability of the clickwrap agreements executed by the minor students when they submitted their papers to the service. The district court ruling on the issue of enforceability is, therefore, left intact.
The district court opinion offers some other general points of interest with respect to clickwrap agreements.