Netscape was the dominant Internet browser at the time of this case. It offered its users an add-on called SmartDownload. Netscape explained that SmartDownload solved a problem common on the Internet at that time: losing the Internet connection in the middle of downloading a file. SmartDownload allowed you to reconnect and continue the download at the point where you had been cut off (instead of starting over from the beginning). SmarDownload also installed a unique identifier (the court calls it a ‘Key’) on the users’ hard drive for the purpose of tracking their Internet activity and sending them ads.
Netscape claims the users agreed to the installation of the identifier when they accepted the terms of use agreement for SmartDownload. If that is true, the plaintiffs have no case against Netscape.