Re:Court: Violating a site’s terms of service isn’t criminal...
by peter_d_sherman on Wednesday April 01, 2020 @12:15AM
(#22745606)
My question is not about what the default ToS covers or doesn't cover, my question is about when/where/how/if -- someone on the Internet accepts a ToS...
And it's not really a question.
It's a solicitation of opinions.
To understand what I'm asking for, you must have an understanding of Contract Law.
That is, what is a contract, when are they accepted, how are they accepted, etc.
OK, now given those understandings, apply that to a public website.
How does/would someone in the public accept a public website's ToS, other than clicking "I agree", when presented by a page or requester saying "Do you agree to accept this website's ToS?".
Does it happen?
If so, why so?
If not, why not?
I'm looking for compelling arguments, both for and against, both pro and con...
And it's not really a question.
It's a solicitation of opinions.
To understand what I'm asking for, you must have an understanding of Contract Law.
That is, what is a contract, when are they accepted, how are they accepted, etc.
OK, now given those understandings, apply that to a public website.
How does/would someone in the public accept a public website's ToS, other than clicking "I agree", when presented by a page or requester saying "Do you agree to accept this website's ToS?".
Does it happen?
If so, why so?
If not, why not?
I'm looking for compelling arguments, both for and against, both pro and con...