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> surely violating Terms of Use is essentially a breach of contract Is it though? Not a lawyer and my layman's intuition makes it hard to see a connection betw
by elmigranto 10y ago
> surely violating Terms of Use is essentially a breach of contract
Is it though? Not a lawyer and my layman's intuition makes it hard to see a connection between ToS and contract.
Like, if I type `something.com` in my browser by accident and their ToS is "you owe us $400 for each TCP packet, kindly do provide goverment issued ID". So I have couple of questions:
- How is that different from ToS on Facebook?
- How marking a checkbox creates a contract between a person and entity owning a site, same way as my signature or providing personal info, address and money to Amazon in exchange for goods?
- And who that person would even be in FB case (anyone can put my name into a website from a public library computer)?
- chopin 10y agoYou might also turn the argument the other way around: I type 'something.com' and you owe me $400 for every IP packet you send. That's an equally valid (or invalid) ToS either.
- civiscolumbusum 10y agoyour argument is valid but your tone is missing the point PP made. To reword what he said "there is no way this is criminal law, this needs to be argued as perhaps contract law with 'breach of contract' as the upper limit if it rises to that level" you proceeded to argue the case the way he said it should be argued, but by quoting PP and challenging, you seem to be arguing with him, when in fact you are agreeing with him. if you edit your comment, I could even delete mine :)