Earlier quoted context omitted.
> Would you consider it stealing if you read the before-the-fold content of a newspaper through the glass of the dispenser and then didn't buy the newspaper? Would it be different if you did it at a newsstand? At a coffee shop? Reading through the glass may be a bit different, because the glass is transparent on purpose to entice you to buy the paper, so they intend for you to do that. That is, it's part of the deal…
> The litmus test for stealing here is breaking an agreement. This sounds fine, but how can you break an agreement you haven't conceded to? I cannot see how the simple fact that an ad was offered alongside other content constitutes any agreement from the receiving party. No one owns your attention.
Indeed this is the question. If you haven't meaningfully entered an agreement, then I don't believe you're obligated to abide this term. However, that's sort of the question. What constitutes entering an agreement? How explicit do they have to be exactly to make it enforceable? I don't know the answer to that question, but it seems to me that there ought to be some standard by which you can be considered to have agreed to some sort of service-terms.