5 ms·
Contractual agreement? Nobody reads things like EULAs or terms of service. It's probably in there already.
by Dwedit 6mo ago
Contractual agreement? Nobody reads things like EULAs or terms of service. It's probably in there already.
- rubyfan 6mo agoRight, privacy terms are written to be vague and permissive. Even if you read them you can’t usually understand how the data will be used or opt out.
- toofy 6mo agoif it were up to me i’d require a hand signed contract that explicitly, up front and in plain english gives permission and is not transferable to any “partners”.
- ch4s3 6mo agoI should have been a bit more clear. We should ban retention for any purposes where it is not explicitly required for the intended function and clearly agreed to by all parties. Think somethig like strava or asset tracking. You know it stores gps data, and why.
- ryandrake 6mo agoThere is no such things as "clearly agreed to by all parties" when it comes to end users. Companies provide a one-sided, "take it or leave it" EULA, and if you don't agree to everything in it, you don't use the product. There is no meeting of the minds, there is no negotiation, and there is no actual agreement. It's a rule book dictated by one side.
- pocksuppet 6mo agoThen it's not a valid contract and therefore does not absolve them of criminal liability for stalking you.
- kube-system 6mo agoContracts of adhesion can be valid contracts. The ability to negotiate or equal bargaining power is not a required element of a contract. Furthermore, you cannot contract away criminal liability if any exists.
- lukeschlather 6mo agoEven attempting to use a contract of adhesion to justify selling GPS location data to a third party should be a criminal act.
- kube-system 6mo agoYes, the US is in desperate need of better privacy laws.
- celeritascelery 6mo agoYou click on “accept terms and conditions” which means you agree to the contact.
- ch4s3 6mo agoYou can't just bury literally anything in an EULA. There's a fair amount of case law establishing that EULAs clauses that are surprising or illegal aren't enforceable.
- pwg 6mo agoThat fact does not change the point of the individual to which you replied. Regardless of whether the clauses in the EULA are 100% legal, some mixture or 100% illegal, the entire EULA is a "one sided rule-book dictated completely by one side". You, the person held to the EULA's rules, do not get to negotiate on the individual points. You simply have a "take it or go away" set of options.
- nickburns 6mo agohttps://en.wikipedia.org/wiki/Shrinkwrap_(contract_law) https://en.wikipedia.org/wiki/Shrinkwrap_(contract_law)
- rolph 6mo agowhen you already pay for the device and a contract, then surprise now that you have skin and flesh in the game, you HAVE TO agree to this EULA or your property is a brick and we keep your money. that is defined as extortion, but labled as onboarding.
- kube-system 6mo agoCourts do look poorly upon this -- to have a valid contract of adhesion there is some degree of advanced notice required and ability to reject it.
- kube-system 6mo agoYou're talking about contracts of adhesion and they are overwhelmingly common for B2C agreements. Most red-lining of contracts only happens in high-value B2B transactions where the sums of money involved are enough that it makes sense to bring lawyers into the loop.
- 6mo ago
- stavros 6mo agoThere is the GDPR.
- teeray 6mo agoInstead of “I accept”, you’re given a quiz