Re:Poland Justice Minister announces online freedom of speec...
by EliRivers on Tuesday January 12, 2021 @11:30AM
(#25749118)
I'm not sure that's true. Typically (and of course other jurisdictions vary anyway) there doesn't have to be money; there just has to be a consideration, which can be money. Something of value flowing both ways. A lot of contracts end up with a consideration on one party of something nominal like a dollar or a pound, but it doesn't have to be money.
"You get my details and my attention and can harvest my data and make money from it" certainly sounds like it could be argued as having value.
Re:Poland Justice Minister announces online freedom of speec...
by CydeWeys on Tuesday January 12, 2021 @12:12PM
(#25749881)
You're out on a bit of a shaky limb here. There's clear precedent in contract law for damages when money is changing hands. But non-compensated access to data? I'm doubtful. Do you have any established case law in this vein you can point to?
Per basic contract law, this is only going to fly if money is changing hands. You and Facebook sign a contract with these stipulations and you pay them for the privilege of using their platform, and now if they remove you you have damages that can be enforced. Absent you paying them they have no obligation to host any of your content. Are you willing to pay Facebook to use it in exchange for these rights?