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You are going to have to do a better job of backing that claim up. It certainly seems to be an obvious breach of intellectual property law at the very least. Ci

You are going to have to do a better job of backing that claim up. It certainly seems to be an obvious breach of intellectual property law at the very least. Citing that some lawyers do this does not automatically make it legal.

nostrademons 8y ago
My initial claim is perhaps a bit too strong. Case law is basically that the unique portions of a T&C or other contract are protected by copyright law, but boilerplate terms that have appeared in lots of different firms' documents are considered public domain. http://pub.bna.com/ptcj/1051462Jan11.pdf http://pub.bna.com/ptcj/1051462Jan11.pdf GDPR-shield's original T&C was actually copied from ShareKit, which is another product from the same company: https://www.sharekit.io/terms https://www.sharekit.io/terms But going paragraph by paragraph down the terms, you get this list of companies, all with the same language: https://www.google.com/search?q=%22Except+for+certain+kinds+of+disputes+described+in+Section+17%2C+you+agree+that+disputes+arising+under+these+Terms+will+be+resolved+by+binding%2C+individual+arbitration%2C+and+BY+ACCEPTING+THESE+TERMS%2C+YOU+AND+SHAREKIT+ARE+EACH+WAIVING+THE+RIGHT+TO+A+TRIAL+BY+JURY+OR+TO+PARTICIPATE+IN+ANY+CLASS+ACTION+OR+REPRESENTATIVE+PROCEEDING.+YOU+AGREE+TO+GIVE+UP+YOUR+RIGHT+TO+GO+TO+COURT+to+assert+or+defend+your+rights+under+this+contract+(except+for+matters+that+may+be+taken+to+small+claims+court).+Your+rights+will+be+determined+by+a+NEUTRAL+ARBITRATOR+and+NOT+a+judge+or+jury.+(See+Section+16).%22&oq=%22Except+for+certain+kinds+of+disputes+described+in+Section+17%2C+you+agree+that+disputes+arising+under+these+Terms+will+be+resolved+by+binding%2C+individual+arbitration%2C+and+BY+ACCEPTING+THESE+TERMS%2C+YOU+AND+SHAREKIT+ARE+EACH+WAIVING+THE+RIGHT+TO+A+TRIAL+BY+JURY+OR+TO+PARTICIPATE+IN+ANY+CLASS+ACTION+OR+REPRESENTATIVE+PROCEEDING.+YOU+AGREE+TO+GIVE+UP+YOUR+RIGHT+TO+GO+TO+COURT+to+assert+or+defend+your+rights+under+this+contract+(except+for+matters+that+may+be+taken+to+small+claims+court).+Your+rights+will+be+determined+by+a+NEUTRAL+ARBITRATOR+and+NOT+a+judge+or+jury.+(See+Section+16).%22 https://www.google.com/search?q=%22Except+for+certain+kinds+... https://www.google.com/search?q=%22You+must+be+at+least+%5B18%5D+years+old+to+use+the+Service.+By+agreeing+to+these+Terms%2C+you+represent+and+warrant+to+us+that%3A+%28a%29+you+are+at+least+%5B18%5D+years+old%3B+%28b%29+you+have+not+previously+been+suspended+or+removed+from+the+Service%3B+and+%28c%29+your+registration+and+your+use+of+the+Service+is+in+compliance+with+any+and+all+applicable+laws+and+regulations.%22&oq=%22You+must+be+at+least+%5B18%5D+years+old+to+use+the+Service.+By+agreeing+to+these+Terms%2C+you+represent+and+warrant+to+us+that%3A+%28a%29+you+are+at+least+%5B18%5D+years+old%3B+%28b%29+you+have+not+previously+been+suspended+or+removed+from+the+Service%3B+and+%28c%29+your+registration+and+your+use+of+the+Service+is+in+compliance+with+any+and+all+applicable+laws+and+regulations.%22 https://www.google.com/search?q=%22You+must+be+at+least+%5B1... https://www.google.com/search?q=%22To+access+most+features+of+the+Service%2C+you+must+register+for+an+account.+When+you+register+for+an+account%2C+you+may+be+required+to+provide+us+with+some+information+about+yourself%2C+such+as+your+name%2C+email+address%2C+or+other+contact+information.+You+agree+that+the+information+you+provide+to+us+is+accurate+and+that+you+will+keep+it+accurate+and+up-to-date+at+all+times.%22&oq=%22To+access+most+features+of+the+Service%2C+you+must+register+for+an+account.+When+you+register+for+an+account%2C+you+may+be+required+to+provide+us+with+some+information+about+yourself%2C+such+as+your+name%2C+email+address%2C+or+other+contact+information.+You+agree+that+the+information+you+provide+to+us+is+accurate+and+that+you+will+keep+it+accurate+and+up-to-date+at+all+times.%22 https://www.google.com/search?q=%22To+access+most+features+o... https://www.google.com/search?q=%22The+Service+will+require+you+to+pay+monthly+fees.+Before+you+pay+any+fees,+you+will+have+an+opportunity+to+review+and+accept+the+fees+that+you+will+be+charged.+All+fees+are+in+U.S.+Dollars+and+are+non-refundable.+Fees+vary+based+on+the+plan,+with+different+pricing+schemes+for+individual+users+and+organizations.%22&filter=0&biw=1268&bih=723 https://www.google.com/search?q=%22The+Service+will+require+... https://www.google.com/search?q=%22may+seek+pre-authorization+of+your+credit+card+account+prior+to+your+purchase+to+verify+that+the+credit+card+is+valid+and+has+the+necessary+funds+or+credit+available+to+cover+your+purchase.%22&oq=%22may+seek+pre-authorization+of+your+credit+card+account+prior+to+your+purchase+to+verify+that+the+credit+card+is+valid+and+has+the+necessary+funds+or+credit+available+to+cover+your+purchase.%22 https://www.google.com/search?q=%22may+seek+pre-authorizatio... https://www.google.com/search?q=%22The+Service+may+include+automatically+recurring+payments+for+periodic+charges%22 https://www.google.com/search?q=%22The+Service+may+include+a... https://www.google.com/search?q=%22may%20suspend%20or%20terminate%20access%20to%20the%20Service%20for%20any%20account%20for%20which%20any%20amount%20is%20due%20but%20unpaid.%22 https://www.google.com/search?q=%22may%20suspend%20or%20term... That's only through section 4, but so far every clause is legal boilerplate except for the first paragraph of section 4, which is unique to ShareKit (and ThreadRadar, another product by the same entrepreneur).

nostrademons 8y ago

My initial claim is perhaps a bit too strong. Case law is basically that the unique portions of a T&C or other contract are protected by copyright law, but boilerplate terms that have appeared in lots of different firms' documents are considered public domain. http://pub.bna.com/ptcj/1051462Jan11.pdf http://pub.bna.com/ptcj/1051462Jan11.pdf GDPR-shield's original T&C was actually copied from ShareKit, which is another product from the same company: https://www.sharekit.io/terms https://www.sharekit.io/terms But going paragraph by paragraph down the terms, you get this list of companies, all with the same language: https://www.google.com/search?q=%22Except+for+certain+kinds+of+disputes+described+in+Section+17%2C+you+agree+that+disputes+arising+under+these+Terms+will+be+resolved+by+binding%2C+individual+arbitration%2C+and+BY+ACCEPTING+THESE+TERMS%2C+YOU+AND+SHAREKIT+ARE+EACH+WAIVING+THE+RIGHT+TO+A+TRIAL+BY+JURY+OR+TO+PARTICIPATE+IN+ANY+CLASS+ACTION+OR+REPRESENTATIVE+PROCEEDING.+YOU+AGREE+TO+GIVE+UP+YOUR+RIGHT+TO+GO+TO+COURT+to+assert+or+defend+your+rights+under+this+contract+(except+for+matters+that+may+be+taken+to+small+claims+court).+Your+rights+will+be+determined+by+a+NEUTRAL+ARBITRATOR+and+NOT+a+judge+or+jury.+(See+Section+16).%22&oq=%22Except+for+certain+kinds+of+disputes+described+in+Section+17%2C+you+agree+that+disputes+arising+under+these+Terms+will+be+resolved+by+binding%2C+individual+arbitration%2C+and+BY+ACCEPTING+THESE+TERMS%2C+YOU+AND+SHAREKIT+ARE+EACH+WAIVING+THE+RIGHT+TO+A+TRIAL+BY+JURY+OR+TO+PARTICIPATE+IN+ANY+CLASS+ACTION+OR+REPRESENTATIVE+PROCEEDING.+YOU+AGREE+TO+GIVE+UP+YOUR+RIGHT+TO+GO+TO+COURT+to+assert+or+defend+your+rights+under+this+contract+(except+for+matters+that+may+be+taken+to+small+claims+court).+Your+rights+will+be+determined+by+a+NEUTRAL+ARBITRATOR+and+NOT+a+judge+or+jury.+(See+Section+16).%22 https://www.google.com/search?q=%22Except+for+certain+kinds+... https://www.google.com/search?q=%22You+must+be+at+least+%5B18%5D+years+old+to+use+the+Service.+By+agreeing+to+these+Terms%2C+you+represent+and+warrant+to+us+that%3A+%28a%29+you+are+at+least+%5B18%5D+years+old%3B+%28b%29+you+have+not+previously+been+suspended+or+removed+from+the+Service%3B+and+%28c%29+your+registration+and+your+use+of+the+Service+is+in+compliance+with+any+and+all+applicable+laws+and+regulations.%22&oq=%22You+must+be+at+least+%5B18%5D+years+old+to+use+the+Service.+By+agreeing+to+these+Terms%2C+you+represent+and+warrant+to+us+that%3A+%28a%29+you+are+at+least+%5B18%5D+years+old%3B+%28b%29+you+have+not+previously+been+suspended+or+removed+from+the+Service%3B+and+%28c%29+your+registration+and+your+use+of+the+Service+is+in+compliance+with+any+and+all+applicable+laws+and+regulations.%22 https://www.google.com/search?q=%22You+must+be+at+least+%5B1... https://www.google.com/search?q=%22To+access+most+features+of+the+Service%2C+you+must+register+for+an+account.+When+you+register+for+an+account%2C+you+may+be+required+to+provide+us+with+some+information+about+yourself%2C+such+as+your+name%2C+email+address%2C+or+other+contact+information.+You+agree+that+the+information+you+provide+to+us+is+accurate+and+that+you+will+keep+it+accurate+and+up-to-date+at+all+times.%22&oq=%22To+access+most+features+of+the+Service%2C+you+must+register+for+an+account.+When+you+register+for+an+account%2C+you+may+be+required+to+provide+us+with+some+information+about+yourself%2C+such+as+your+name%2C+email+address%2C+or+other+contact+information.+You+agree+that+the+information+you+provide+to+us+is+accurate+and+that+you+will+keep+it+accurate+and+up-to-date+at+all+times.%22 https://www.google.com/search?q=%22To+access+most+features+o... https://www.google.com/search?q=%22The+Service+will+require+you+to+pay+monthly+fees.+Before+you+pay+any+fees,+you+will+have+an+opportunity+to+review+and+accept+the+fees+that+you+will+be+charged.+All+fees+are+in+U.S.+Dollars+and+are+non-refundable.+Fees+vary+based+on+the+plan,+with+different+pricing+schemes+for+individual+users+and+organizations.%22&filter=0&biw=1268&bih=723 https://www.google.com/search?q=%22The+Service+will+require+... https://www.google.com/search?q=%22may+seek+pre-authorization+of+your+credit+card+account+prior+to+your+purchase+to+verify+that+the+credit+card+is+valid+and+has+the+necessary+funds+or+credit+available+to+cover+your+purchase.%22&oq=%22may+seek+pre-authorization+of+your+credit+card+account+prior+to+your+purchase+to+verify+that+the+credit+card+is+valid+and+has+the+necessary+funds+or+credit+available+to+cover+your+purchase.%22 https://www.google.com/search?q=%22may+seek+pre-authorizatio... https://www.google.com/search?q=%22The+Service+may+include+automatically+recurring+payments+for+periodic+charges%22 https://www.google.com/search?q=%22The+Service+may+include+a... https://www.google.com/search?q=%22may%20suspend%20or%20terminate%20access%20to%20the%20Service%20for%20any%20account%20for%20which%20any%20amount%20is%20due%20but%20unpaid.%22 https://www.google.com/search?q=%22may%20suspend%20or%20term... That's only through section 4, but so far every clause is legal boilerplate except for the first paragraph of section 4, which is unique to ShareKit (and ThreadRadar, another product by the same entrepreneur).