I've heard Yahoo! Groups has much the same deal. I discussed this with a law student, and it was her opinion that this might not hold up in court. Probably not much of a comfort if you actually have to go to court over it, though. On the subject, she also mentioned that courts were beginning to consider that no one reads the 'terms of use' for using software. About time, I say, though who knows what the result will be.
My reading in contracts last semester included a couple of cases about enforcing the licensing agreements with software and computers. Of the three cases we read, the two 7th Circuit ones enforced the terms and the one Kansas District court case did not. It has more to do with what constitutes acceptance by the consumer of the terms attached to the product than with any general movement against enforcing terms of use.
Discussion on Metafilter.
Posted by ben wolfson | Link to this comment | 03-14-05 9:47 AM
I've heard Yahoo! Groups has much the same deal. I discussed this with a law student, and it was her opinion that this might not hold up in court. Probably not much of a comfort if you actually have to go to court over it, though. On the subject, she also mentioned that courts were beginning to consider that no one reads the 'terms of use' for using software. About time, I say, though who knows what the result will be.
Posted by Michael | Link to this comment | 03-14-05 11:07 AM
By reading this comment, you cede any and all future rights and privileges to me.
Posted by Adam Kotsko | Link to this comment | 03-14-05 11:09 AM
D'oh!
Posted by ogged | Link to this comment | 03-14-05 11:10 AM
This is why I have someone read the comments aloud to me.
Posted by ben wolfson | Link to this comment | 03-14-05 11:11 AM
That's the cool thing -- if you dispute it, that means that you've read it. It's a perfect ploy -- and bullet-proof from a legal standpoint!
Posted by Adam Kotsko | Link to this comment | 03-14-05 11:11 AM
I refer you to comment five, Kotsko.
Posted by ben wolfson | Link to this comment | 03-14-05 11:13 AM
a posting on slashdot actually disputes this, as willing as i am to believe in the evilness of aol.
Posted by catherine | Link to this comment | 03-14-05 11:31 AM
How much one practically has to worry about is perfectly debatable. The meaning of the terms "You waive any right to privacy," rather less so.
Posted by Gary Farber | Link to this comment | 03-14-05 5:33 PM
My reading in contracts last semester included a couple of cases about enforcing the licensing agreements with software and computers. Of the three cases we read, the two 7th Circuit ones enforced the terms and the one Kansas District court case did not. It has more to do with what constitutes acceptance by the consumer of the terms attached to the product than with any general movement against enforcing terms of use.
Posted by washerdreyer | Link to this comment | 03-14-05 8:02 PM