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That’s not entirely clear, actually. Like the other comment says, the CFAA has been used to criminalize violations of EULAs in the past and the courts have been
by freehunter 6y ago
That’s not entirely clear, actually. Like the other comment says, the CFAA has been used to criminalize violations of EULAs in the past and the courts have been split on that idea: https://www.eff.org/deeplinks/2017/02/violating-terms-use-isnt-crime-eff-tells-court-again https://www.eff.org/deeplinks/2017/02/violating-terms-use-is...
Violating a EULA shouldn’t be a crime but it’s not always that clear cut.
- vonmoltke 6y agoWe're talking about EULAs, but your article and the Swartz case concern Terms of Use, which are related but different. Terms of Use concern access to someone else's computer system, hence why overzealous lawyers and prosecutors have tried to expand the CFAA to cover them. EULAs concern what an end user can do with a piece of software on their own system or systems they control. I don't see how this intersects the CFAA at all.