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IANAL. I would start with consideration. What's the consideration from the site that would form a contract? Access that is freely granted to the public anywa
by jdmichal 7y ago
IANAL. I would start with consideration. What's the consideration from the site that would form a contract? Access that is freely granted to the public anyway? Could I write a contract in which the only consideration I give is access to a public park? The counter argument would be that internet sites are private. Something more akin to a store than a public park.
I would also include meeting of the minds. At someplace like a gym, you sign your contract and exchange consideration before being granted access. In other words, in order to gain the consideration of access, you must agree with the gym's offer. Sites with required login to gain access work like that, but not "public" websites. They're more like stores than gyms -- anyone can walk in and access is not restricted. [0] So where is the meeting of the minds when I type in a URL and the page loads?
[0] Access can be revoked, since it's still private property, but then your crime is in not leaving or reentering after revocation -- entering in the first place was legal.