In the past, it was much more common as software was reduced, but with the growth of digital distribution, shrinking licenses are declining. […] at 12:15 On December 20, 2013 by Andrew Sullivan Nancy S. Kim argues that wrap contracts – online contracts, “which can be concluded by clicking on a link […] The Shrinkwrap Snafu: Untangling the Extra Element in Breach of Contract Claims Based on Shrinkwrap Licenses, Smith, N. (2003). BYU L. Rev., 1373. Retractable leaf contracts are packaged construction panel contracts; The use of the product is considered an acceptance of the contract. Whether retractable packaging is applicable or not has remained a long-term and controversial issue, even in the courts. Many studies have been done to find out if a customer automatically accepts the terms of a wrap discount contract for payment. Scholars and Reaearchers are settled in different tents on this theme. While some courts accept that a consumer recognizes the conditions in a narrowed packaging contract, since he pays for the product, accepts the product and even opens the package.
Others felt that the consumer could not have accepted the terms because he was not aware of what the conditions impose until the retractable film was removed. In Specht v. Netscape, the Second Circuit Court of Appeals examined the applicability of a Browse Wrap contract concluded on the Netscape website.  Users of the site were invited to download free software to the site by clicking on a tinted button called “Download.” :22 It was only when a user scrolled to the next screen that he came to an invitation to check the full terms of the program`s license agreement available through the hyperlink. :Complainants who had not seen the agreement downloaded the software and were subsequently prosecuted for violations of federal data protection and computer fraud laws that resulted from the use of the software. 23-25 The second circle then found that an essential ingredient in contract formation is the reciprocal manifestation of consent. :29 The court stated that “a consumer`s click on a download button does not give consent under the terms of the contract if the offer does not make the consumer understand that a click of the download button would mean consent to those conditions.” :29-30 As the complainants were not informed of these conditions, they were not bound by them. :30-32 Shrinkwrap Licensing Agreements: New Light on an Unwelcome Problem, Hayes, D.