Does Information Really Have to be Licensed?
http://doi.acm.org/10.1145/285070.285073
  access restricted (by the publisher) to members/subscribers/customers only
  peer-reviewed

Samuelson, Pamela
Communications of the ACM
1998

Abstract:

Discusses the proposed Article 2B of the Uniform Commercial Code, which will be presented to US state legislatures for enactment. It would 'validate shrinkwrap and other mass-market licenses of information' and establish other electronic commerce rules. Samuelson sees a danger in such licenses, in that consumers are said to have agreed to their provisions by 'token assent' such as clicking 'I agree.'