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> The point of this post is not some legal analysis, simply the common sense observation that in our society, simply putting some copy up on my webpage that bas
by baddox 7y ago
> The point of this post is not some legal analysis, simply the common sense observation that in our society, simply putting some copy up on my webpage that basically says “if you use my website, you are agreeing to not sue me” is Not How Any Of This Works.
> A contract is a meeting of the minds. This is decidedly not.
> Saying that anything I do “constitutes acceptance” short of explicitly and unambiguously agreeing to your contract and terms is foolish and disrespectful. At the very least, it’s shady. I sure hope it’s unenforceable, as well.
I couldn't agree with this more. It applies equally well to shrink wrap software licenses and "social contract" arguments.
- thaumasiotes 7y agoThis is a good place to note that a lot of current cookie disclosure popups state that "by using our site, you agree to our use of cookies".
- sneak 7y agoIt is up to the browser whether or not to store the cookies sent by the server, and up to the browser to send those same cookies with subsequent requests or not. By choosing a tool that does that, the user has explicitly opted in to that. The dialog is superfluous. My browser, for example, is configured to ignore all cookie headers sent from the server. Those dialogs appear just the same!
- Nextgrid 7y agoThey’re trying to cover their ass regarding the GDPR but actually these kinds of forced consent prompts aren’t compliant with the law and are thus utterly useless as they’d be exactly in the same position (regarding the law) if they didn’t have any prompt to begin with.
- ticmasta 7y agoIt must also expose value to both parties, even if voluntarily entered. How does agreeing to waive your rights for absolutely nothing as in this case deliver any value to the user?
- Hnrobert42 7y agoSee also: contract of adhesion.