Earlier quoted context omitted.
Why would there be different rules for businesses, depending on whether their offering is free or not? Suppose posterous would charge 5$/month for their blog hosting, and still would add the affiliate links, what would it change in your opinion? I don't think it is illegal to add those links. I for one will stay away from them, though. Also, Facebook is free. Why did they bother to introduce new terms of service at a…
> Suppose posterous would charge 5$/month for their blog hosting, and still would add the affiliate links, what would it change in your opinion? It is fundamentally different in law as soon as there is consideration in both directions, because then you have the basis of a contract. However, if users aren't paying for the service (or otherwise giving some significant benefit to the service provider) then there is unli…
Also, it is not really free, Posterous is getting something in return. At the moment for example the affiliate links. So it would be a kind of quantum state contract? If they don't add the links, they are free, therefore it would be legal for them to add the links (or do bad thing X). Then suddenly they wouldn't be free anymore, and they would have to remove it again.
I don't think that makes much sense.