[WG-InfoSharing] TOS change generator
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Judi Clark
Sep 24, 2011, 1:08:21 PM9/24/11
to ProjectVRM list, wg-info...@kantarainitiative.org
As seen on the shores of the intertubes:
Are we simply subject to whatever a software provider demands of us in their clickthrough TOS agreement or are they real contracts where we can counteroffer our preferred terms and expect a refund if they are rejected? One blogger has come up with an applet to change TOS agreements and automatically submit the changes for approval (or rejection). Even he is not sure of the legal standing for the offer, but with these contracts so common they have been featured on South Park the issue certainly could be coming to the courts soon.
Visit the link, it'll amuse you. Really. Here's the no-sound video version:
http://www.screenr.com/8hBs
On related shores:
Electronic Arts has updated its Terms of Service Agreement for the Origin platform. Following Sony's steps, and taking it even further, EA has added a new clause that prevents users from suing them in both class action and jury trial forms.
(FWIW. Courts have, in the past, rejected arbitration on the grounds that parties didn't have the option to negotiate, and arbitration is expensive.)
Are we simply subject to whatever a software provider demands of us in their clickthrough TOS agreement or are they real contracts where we can counteroffer our preferred terms and expect a refund if they are rejected? One blogger has come up with an applet to change TOS agreements and automatically submit the changes for approval (or rejection). Even he is not sure of the legal standing for the offer, but with these contracts so common they have been featured on South Park the issue certainly could be coming to the courts soon.
Visit the link, it'll amuse you. Really. Here's the no-sound video version:
http://www.screenr.com/8hBs
On related shores:
Electronic Arts has updated its Terms of Service Agreement for the Origin platform. Following Sony's steps, and taking it even further, EA has added a new clause that prevents users from suing them in both class action and jury trial forms.
(FWIW. Courts have, in the past, rejected arbitration on the grounds that parties didn't have the option to negotiate, and arbitration is expensive.)
-- Judi Clark, Digital ID Coach co...@digitalIDcoach.com Helping you pull yourself together http://digitalIDcoach.com
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