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What are the limits to what rights you can waive under the ToS of a website or app? If a website says you waive fair use, first amendment right, and your right
by yonran 9y ago
What are the limits to what rights you can waive under the ToS of a website or app? If a website says you waive fair use, first amendment right, and your right to use your computer as you see fit for as long as you are using the website, who’s to stop them from kicking you off the website and suing you for breach of contract?
I’m kind of curious because I received a C&D from craigslist a few years ago (https://github.com/yonran/craigslist-shortcuts/blob/master/cease-and-desist.md https://github.com/yonran/craigslist-shortcuts/blob/master/c...). Technically I was breaking the terms of service (after they revised the terms), so as I understood it, if I wanted to continue to use the website I had to comply with the terms, however onerous they were.
- kelnos 9y agoAt best they could stop you from using their site. If they put terms in their ToS that are not legally enforceable, they'd never win a suit for breach of contract.
- slantyyz 9y agoSlightly related, Facebook lost a case in Canada over a forum selection clause in their standard online contract (that any legal actions have to be brought against FB in California). [1] http://www.michaelgeist.ca/2017/06/clicking-agree-may-no-longer-mean-agree-everything/ http://www.michaelgeist.ca/2017/06/clicking-agree-may-no-lon...
- clavalle 9y agoI would love to see someone knowledgeable answer this (IANAL) but my guess is that it would have about as much force as a book that has similar terms in the first few pages that you pick up at the library. IOW, none whatsoever as long as they are not harmed by, say, data transfer costs.
- i_cant_speel 9y agoI find it interesting that they were okay with you adding a new commit to clear out everything, but you can easily get to the code by looking at the history. Do you think they just didn't know Github keeps a revision history?