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I agree that HN shouldn't be used for legal advice. I was actually involved in a case where the registration page, terms and usage policy were confusing and in
by jerfelix 15y ago
I agree that HN shouldn't be used for legal advice.
I was actually involved in a case where the registration page, terms and usage policy were confusing and inconsistent in a similar fashion (not exactly, but close), and as I recall, the judge agreed with that part of the complaint.
I am not a lawyer, but I believe the legal basis for that portion of the decision was that the terms are being defined by the corporation (presumably with reasonable resources to make sure they do it right), and being presented to the user (presumably with significantly less resources) with little option for discussion - you either agree or go away. And therefore the judge felt that it was incumbent on the the website to get it right, since they had designed the registration and defined the terms. The benefit of the doubt was given to the user.
I would never advocate lying under oath (as you suggested). Presenting an argument is different than lying under oath.
Your experience may be different, but that was my firsthand experience.
- fennecfoxen 15y agoYeah - depending on the specifics of your case, as a defendant you may be able to do a "defense in depth" where you argue multiple, possibly-contradictory explanations why you might not be guilty, without actually committing to one of them as actually true. Presumption of innocence is awesome.