> By accessing or using this site, you acknowledge and accept the following terms. I’m pretty sure this is already questionable in the EU.
[flagged]
No Terms. No Conditions
81–90 of 149 posts
Re: No Terms. No Conditions
#82I like how, even when the whole point is to not have any terms or conditions, there are still disclaimers. "Only for lawful purposes," "no warranty," "we are not responsible." Those are still terms and conditions!
Right? Why include that? The law automatically applies. Including it in the license is just redundant. Had it simply read "You may use this site for any purpose." or "You may use this site." or "You may use this" or "This can be used." it would have the same level actual restriciton in that you obviously aren't allowed to use it to break the law regardless of what it actually says. And, having typed all that, I reali…
> Right? Why include that? The law automatically applies.
Because the law applies - by that I mean if you don't put a disclaimer in then the law takes the view that you do provide a warranty, etc.
Re: No Terms. No Conditions
#83Earlier quoted context omitted.
Right? Why include that? The law automatically applies. Including it in the license is just redundant. Had it simply read "You may use this site for any purpose." or "You may use this site." or "You may use this" or "This can be used." it would have the same level actual restriciton in that you obviously aren't allowed to use it to break the law regardless of what it actually says. And, having typed all that, I reali…
I recently had to confirm to a brokerage that I won’t be using the money I’m withdrawing for any illegal activities. A sure sign of a legal team or possibly an entire legal system having lost the plot. Hopefully only the former.
That’s simple CYA, and also ensures you’ve not only done the illegal activity, you’ve defrauded the brokerage and breached your contract with them, and they get a weak KYC defense as well.
Similar to the “Al Capone” instructions from the IRS:
>Income from illegal activities, such as money from dealing illegal drugs, must be included in your income on Schedule 1 (Form 1040), line 8z, or on Schedule C (Form 1040) if from your self-employment activity.
On the other hand, if you want to talk about these stickers all over Seattle saying you’re not allowed to conduct illegal activities on the premises…
Re: No Terms. No Conditions
#84Earlier quoted context omitted.
When it's in the contract, then it means that when you break the law you both break the law and the contract. SHould it be necessary? Perhaps not, but in some places that makes a meaningful difference.
Now I'm paranoid. To your knowledge, which places does it make a difference, and what difference does it make?
Legal matters are almost never black and white. If someone does something illegal using my service, and some other 3rd party sues me as party to that illegal behavior, from a legal perspective having a clause like "no criminal behavior allowed" in there makes it easier for your lawyers to argue "my client clearly didn't intend to authorize/facilitate such behavior". This argument is of course made much stronger if it is paired with behavior, like banning (or attempting to ban) the criminal user as soon as the activity was identified.
But if you are paranoid you should speak with a lawyer in your jurisdiction.
Re: No Terms. No Conditions
#85Earlier quoted context omitted.
Right? Why include that? The law automatically applies. Including it in the license is just redundant. Had it simply read "You may use this site for any purpose." or "You may use this site." or "You may use this" or "This can be used." it would have the same level actual restriciton in that you obviously aren't allowed to use it to break the law regardless of what it actually says. And, having typed all that, I reali…
> Right? Why include that? The law automatically applies. Because the law applies - by that I mean if you don't put a disclaimer in then the law takes the view that you do provide a warranty, etc.
Does it take the view that I encourage/facilitate illegal use of my product unless I state otherwise in the T&C?
Re: No Terms. No Conditions
#86Earlier quoted context omitted.
It's almost like the most effective way to publish without T&Cs is to just, you know, omit the section and publish what you want without T&Cs.
Interesting question. I wonder what the default (implied) T&C would be if nothing has been explicitly stated. For example, publishing a source code without an explicit license doesn't make it open source.
I guess it’d be whatever the other party’s lawyer can persuade the judge into.
Re: No Terms. No Conditions
#87Re: No Terms. No Conditions
#88Re: No Terms. No Conditions
#89I wonder how many one-sentence prompts have made it to the HN front page at this point.
Why do you say that?
Re: No Terms. No Conditions
#90Not sure how this is supposed to be useful, but I had a good laugh.