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Do you believe the operator is liable for any damages their website causes to computers whose owners disable their content protection software (e.g. ad blockers
by politician 8y ago
Do you believe the operator is liable for any damages their website causes to computers whose owners disable their content protection software (e.g. ad blockers) in order to comply the the site agreement?
Do websites take on a duty to protect visitors from the foreseeable harm that malicious ads cause to unprotected computers by requiring content protection software to be disabled?
- darawk 8y agoTricky question. I think I would come down on the side that they are liable for that, perhaps unless they very explicitly and clearly disclaim liability before exposing you to the risk.
- politician 8y agoProduct liability disclaimers are often found to be unenforceable; is there a particular disclaimer strategy[1] you have in mind that would effectively shift liability to the presumed counter party? [1] https://injury.findlaw.com/product-liability/are-product-liability-disclaimers-effective.html https://injury.findlaw.com/product-liability/are-product-lia...
- darawk 8y agoI'm not saying that a disclaimer would necessarily do it, I was just excluding that case from consideration. I'd defer to standard disclaimer case law on the matter.