viewed the database as a revision, within the privilege, and again supported its holding by analogizing to compilation infringement cases The Second Circuit chose another analogy route It focused on"whether one or more of the pertinent electronic databases may be considered a ' revision of the individual periodical issues from which the articles were taken (emphasis added). That is: whether the periodicals were revised rather than the individual pieces. The court compared revision in an electronic form with revision in a paper form. It noted that some of the periodicals content and arrangement was lost in NEXIS. Therefore, the databases "can hardly be deemed a revision of every periodical that it contains. 2 There is a difference between periodicals that are not easily decomposed, and an electronic database in which the periodicals become available in decomposed parts. In addition, databases make it far easier for users to download the works as one commentator noted the databases constituted a prohibited"distribution as well Similarly, contract law in the Internet context does not require innovation The following, for example, is the case of the contract that the customers did not have a chance to read. Netscape, an Internet Service Provider(IsP), has been offering customers free software making it easier to download materials from Internet web sites. The customers alleged that Netscape invaded the customers privacy by using the software to monitor the materials that customers would download, without the customers'knowledge Netscape sought to remove the case to arbitration, on the basis of the license agreement covering the software That agreement contained an arbitration clause The question was whether the license agreement was binding on the customers. The first page of the free software offer did not refer to a contract, and the customer could download the software without scrolling down the page. Had the customer scrolled down the page, however, he would have received a message to click on a hypertext link for the license agreement. The link would have led to a web page stating that the customer must read and agree to the license agreement before downloading the software, and containing a hypertext link to the license agreement. The agreement stated that by downloading the software the customer was bound by the license contract The court held that the customers were not bound by this contract. Too little information was revealed to which customers could agree before they downloaded the software The"teasers" were insufficient to constitute consent to the terms of the contract that appeared only after an additional four-stage search. 18d.at824-25 19at825 Tasini v N.Y. Times Co., 206 F 3d 161, 195(2d. Cir. 1999),affd, 121S. Ct. 2381(2001) 2 1d. at 169 221d. at 168(relying also on analysis of statutory framework) 23Gordon, supra note 12, at 489. In fact, the Court declined to use the"substantial similarity"test of factual compilation cases. 206 F 3d at 169 n 47 viewed the database as a revision, within the privilege,18 and again supported its holding by analogizing to compilation infringement cases.19 The Second Circuit chose another analogy route. It focused on“whether one or more of the pertinent electronic databases may be considered a ‘revision’ of the individual periodical issues from which the articles were taken.”20 (emphasis added). That is: whether the periodicals were revised rather than the individual pieces. The court compared revision in an electronic form with revision in a paper form. It noted that some of the periodicals’ content and arrangement was lost in NEXIS.21 Therefore, the databases “can hardly be deemed a ‘revision’ of every periodical that it contains.”22 There is a difference between periodicals that are not easily decomposed, and an electronic database in which the periodicals become available in decomposed parts. In addition, databases make it far easier for users to download the works. As one commentator noted, the databases constituted a prohibited “distribution” as well.23 Similarly, contract law in the Internet context does not require innovation. The following, for example, is the case of the contract that the customers did not have a chance to read. Netscape, an Internet Service Provider (ISP), has been offering customers free software making it easier to download materials from Internet web sites. The customers alleged that Netscape invaded the customers’ privacy by using the software to monitor the materials that customers would download, without the customers’ knowledge. Netscape sought to remove the case to arbitration, on the basis of the license agreement covering the software. That agreement contained an arbitration clause. The question was whether the license agreement was binding on the customers. The first page of the free software offer did not refer to a contract, and the customer could download the software without scrolling down the page. Had the customer scrolled down the page, however, he would have received a message to click on a hypertext link for the license agreement. The link would have led to a web page stating that the customer must read and agree to the license agreement before downloading the software, and containing a hypertext link to the license agreement. The agreement stated that by downloading the software the customer was bound by the license contract. The court held that the customers were not bound by this contract. Too little information was revealed to which customers could agree before they downloaded the software. The “teasers” were insufficient to constitute consent to the terms of the contract that appeared only after an additional four-stage search. 18 Id. at 824-25. 19 Id. at 825. 20 Tasini v. N.Y. Times Co., 206 F.3d 161, 195 (2d. Cir. 1999), aff’d, 121 S. Ct. 2381 (2001). 21 Id. at 169. 22 Id. at 168 (relying also on analysis of statutory framework). 23 Gordon, supra note 12, at 489. In fact, the Court declined to use the “substantial similarity” test of factual compilation cases. 206 F.3d at 169 n.4