All the plaintiffs acknowledged that they clicked "yes" when prompted to agree to the EULAs while downloading the Netscape web browsers, but claimed that there was no such prompt for the associated SmartDownload plug-in that facilitated the process, and that a button to indicate assent to that license could only be found by scrolling beyond the "download" button.
The plaintiffs stated they clicked "yes" on the EULA when downloading Netscape web browsers, but claimed there was no similar prompt for the SmartDownload plug-in. They argued that a button to agree to the license was hidden and only visible after scrolling past the download button.