4 ms·
ToS are a contracted. You can specify a legal venue as part of a contract (though that’s not always enforceable, especially in B2C relationships). However in t
by realityking 3y ago
ToS are a contracted. You can specify a legal venue as part of a contract (though that’s not always enforceable, especially in B2C relationships).
However in this case, Universal sued them without being a customer (or, if they are a customer, in a matter unrelated to their customer/vendor relationship). You can’t pick the venue where people/organizations that don’t have a contract with you sue you.
Of course, the other question is then how to enforce the court order. Since Cloudflare has a German subsidiary, that won’t be a problem.
Note also that the effect of this ruling is limited to the territory of Germany. Cloudflare doesn’t have to block this website anywhere else.
- _heimdall 3y agoAh yep, that's what I was missing here before a cup of coffee. The plaintiff isn't a customer of Cloudflare so the ToC doesn't apply. Thanks!
- personomas 3y agoWho is the plaintiff then? I can't find it, and why would they then sue in the first place?
- _heimdall 3y agoUniversal Music GmbH is the plaintiff I believe [1]. They're suing over copyright infringement [1] https://torrentfreak.com/cloudflare-ordered-to-block-pirate-music-site-following-universal-music-lawsuit-201016/ https://torrentfreak.com/cloudflare-ordered-to-block-pirate-...
- theshrike79 3y agoAt this point it would be nice for Cloudflare DNS to stop resolving any and all Universal Music properties...
- RandomBK 3y agoAs much as we may like/hate the entities involved in this dispute, net neutrality is a serious topic and we shouldn't be encouraging actions like this.