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Re:France fines Microsoft €60M for imposing advertising cookies by unity1001 on Thursday December 22, 2022 @01:53PM (#34096948)
> Users accept vendor's conditions upon registering and are giving their consent

That's the Angloamerican common law's logic. In civil law, the law cannot be overridden by others 'agreeing' to override it. Its more like software engineering in that regard, instead of arbitrary interpretations.

Re:France fines Microsoft €60M for imposing advertising cookies by eadler on Thursday December 22, 2022 @02:00PM (#34097044)
This is entirely unrelated to common vs civil law. You're right though that in this case terms of service are ineffective.
Re:France fines Microsoft €60M for imposing advertising cookies by unity1001 on Thursday December 22, 2022 @02:40PM (#34097570)
It is totally due to that difference. Contracts form the basis of common law. The reason why so many US corporations think that someone 'agreeing' to terms and therefore entering a contract with the company regarding the usage of the site over those terms means anything in civil law. It does not. In the eyes of civil law, the use of the site would need to take place per the laws and regulations present in civil law as opposed to whatever that the user may agree in terms.
Re:France fines Microsoft €60M for imposing advertising cookies by dragonwriter on Thursday December 22, 2022 @02:47PM (#34097666)
> Contracts form the basis of common law.

This is factually inaccurate; contracts are one area of, but not the basis of, common law.

> In the eyes of civil law, the use of the site would need to take place per the laws and regulations present in civil law as opposed to whatever that the user may agree in terms.

In common law, contracts don't trump other law, and contracts or provisions thereof can be invalid for being contrary to public policy.

Re:France fines Microsoft €60M for imposing advertising cookies by unity1001 on Thursday December 22, 2022 @05:08PM (#34099496)
> This is factually inaccurate; contracts are one area of, but not the basis of, common law.

Of course it isn't the entire basis of the law. However it lies in the fundamental of the entire common law institution: Common law originated from the feudal relationship in between the liege lord and the vassal contracting each other based on certain criteria. Over time, this concept was meshed with medieval customs and started being applied to the society as a whole. Hence the awkward medieval-feeling nature of the common law with all those 'precedents', 'interpretations' and 'agreements'.

> In common law, contracts don't trump other law, and contracts or provisions thereof can be invalid for being contrary to public policy.

Today. And mainly because the US combines common law and civil law in a meshed system. For the UK, its mainly because common law was basically unworkable and indefensible in the modern age after civil law became de facto standard in the entire world, setting the legal discourse. Still, the contractual concepts lies in the fundamental of the law as evidenced by the 'agreement' concept that is so extensively being utilized by US corporations.