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US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

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231–240 of 458 posts

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#231
post #187

Earlier quoted context omitted.

If you think Hollywood content is worthless why bother pirating it at all? It seems like you would just not consume it.

I don’t think it’s totally worthless. I think people who make it, producers, are extremely corrupted friends of Jeffrey Epstein with each one sooner or later turning out to be a sex offender. There is a difference. If you have any sort of conscience you simply don’t want to fund these people. Don’t enable them. Let it wither. Nothing of particular value will be lost.

>I think people who make it, producers, are extremely corrupted friends of Jeffrey Epstein with each one sooner or later turning out to be a sex offender.

This applies to everything that comes out of Hollywood?

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#232
post #166

There are so many advantages to turning off and disconnecting these days. Avoiding TOS is just a small part. There are too many demands on our attention and our wallets and most of us aren't getting more money or time. I cancelled all the family's streaming services in 2025. Everyone adapted. It turns out a lot of things we are told we need, we really don't. People lived without them as recently as a few years ago. A…

I don’t live in US or five eyes so I pirate all the stuff basically Scot free. I understand that it’s not so easy for Americans whose internet activity is constantly scrutinized. I’ve had the privilege of choosing exactly who and what I pay. I usually don’t subscribe to any streaming service, but when I do choose to pay for something, my money goes to smaller entities that I don’t actively want to see fail. In my boo…

>In my book, none of the Hollywood deserves a single cent. It’s an amazing feeling to be in the power to dictate this.

Then you don't consume it...you boycott it. Freeloading on honest consumers isn't some kind of moral high ground. If Hollywood is corrupt and full of shitheads, letting someone else pay for your ticket doesn't make you a morally pure viewer.

It's fine if you just own that you don't want to pay for what you consume. But don't try and paint yourself like some kind of saint, lol

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#233

Earlier quoted context omitted.

Every single ToS is written to benefit the company, and when necessary, harm the consumer. The answer is to enter into as few service contracts as possible. Use open source software. Control when your software updates. Really, never use the cloud version of anything whatsoever except where unavoidable. (eg: email and such) They feel like the legal equivalent of Calvin Ball. So long as you just stash it in a ToS, you…

>The answer is to enter into as few service contracts as possible. Any contract where the other party performs so little seeking of my agreement (none at all really) that no representative talks to me in person or even electronically in an individual capacity, where no one witnesses me put my mark on the paper or hears by verbal assent, is in fact no contract at all. Despite what the courts may say. Should they say o…

READ CAREFULLY. YOU HAVE ALREADY AGREED TO THIS.

1. By reading the message that referred you to this page ("randomstring.org/~dsr/eula.html") you agree, on behalf of yourself and your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies ("BOGUS AGREEMENTS") that you believe I have entered into with you or your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges.

2. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#234
post #166

There are so many advantages to turning off and disconnecting these days. Avoiding TOS is just a small part. There are too many demands on our attention and our wallets and most of us aren't getting more money or time. I cancelled all the family's streaming services in 2025. Everyone adapted. It turns out a lot of things we are told we need, we really don't. People lived without them as recently as a few years ago. A…

The only reason why I bought a smartphone (first time!) in 2013 was because everyone aronud me had one and they were asking for WhatsApp - util then I was fine with my 4-color-crap phone :-D (and I didnt even know what WhatsApp was)

I don’t have one.

Sure it’s inconvenient from time to time, but the positives far outweigh the negatives.

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#235

Earlier quoted context omitted.

>The answer is to enter into as few service contracts as possible. Any contract where the other party performs so little seeking of my agreement (none at all really) that no representative talks to me in person or even electronically in an individual capacity, where no one witnesses me put my mark on the paper or hears by verbal assent, is in fact no contract at all. Despite what the courts may say. Should they say o…

Isn't that a bit extreme? As a counterpoint, I find it useful to be able to pay for a train journey by tapping my card on an electronic reader - no representative of the company is there or otherwise witnesses me doing so - but I have entered into a contract whereby I am entitled to travel to a distant location. And I do want it to be a contract, because the transport company agrees to get me to my destination someho…

>but I have entered into a contract whereby I am entitled to travel to a distant location. I'm not sure why you drape this in the clothing of "legal contract". If the train fails to take you to your destination, they certainly aren't in breach. It seems really one-sided. Why do they need it to be a contract? Will you come and claw back the fare from them with them having no legal recourse?

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#236
post #166

There are so many advantages to turning off and disconnecting these days. Avoiding TOS is just a small part. There are too many demands on our attention and our wallets and most of us aren't getting more money or time. I cancelled all the family's streaming services in 2025. Everyone adapted. It turns out a lot of things we are told we need, we really don't. People lived without them as recently as a few years ago. A…

This news came as I was clicking unsubscribe to all the weird mails that somehow keep piling up in my inbox, with LinkedIN being the leader, and then some by bandcamp. More than ever I enjoy turning off the mobile data while on the go.

Very soon I'll do another round terminating most subscriptions, as Goog showed me what happens otherwise - it still owes me these 500$ that somehow miraculously flew out of my ads account when a campaign decided to suddenly come to live and start converting into obsolete project like 2 months after its designated final date. Nobody ever came back to my complaints.

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#237
post #196

Earlier quoted context omitted.

This is one of these cases like gun crime where: USA: There is no solution! Rest of world: slightly embarrassed look There are legal terms and concepts like good faith, expected and unexpected terms, reasonable expectations, abuse of a legally unsophisticated party and so on. In other countries, neither the fiction that everyone reads or is expected to read the 10-page "dining contract" of a restaurant exists nor is…

During friendly discussions and arguments my lawyer friends like to make the same kind of thought terminating cliche filed arguments that you just replied to. I think that your response really hit the nail on the head and it raises the question my mind of how do we most effectively eliminate these kinds of malformed American-system brained thoughts from disrupting real and possibly even productive conversations about…

What was the thought terminating cliche? GP clearly substantiated their quip with specific concepts.

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#238
post #208
post #73

Earlier quoted context omitted.

I do not think this is true for Sweden. The key difference, is that the US is many jurisdictions (Federal + 50 states + a lot of others, from counties to cities to territories to MANY others), and the variance amongst those is high. The key thing well regulated places like Sweden get right, is that in consumer contracts you have minimum bars that you must meet regardless of what you can get the consumer to agree to.…

Do you think it's likely that these kinds of things come about because there's varity in the myriad of jurisdictions in America or that there are monied interests who stand to benefit from it? Like to put it another way how much of this is 'We must do it this way because Americans are simply built different and we're just special' vs 'this makes a handful of people a bunch of money and they have teams of lobbyists, m…

It's probably a bit of both from what I've seen of how Americans tend to react to their government doing things (online anyways).

The US's quagmire of incoherent laws and many jurisdictions seems to be a bad combination of:

* Apathetic voters that are raised on a media diet of "big government bad", which impedes any regulations on a federal level. (Note that this is irrespective on if the voters actually want a small government, it's what they're led to believe.)

* Politicians that don't like to give up power; there's an unusual desire for local/state US officials to claim responsibility and get very pissy when the federal government steps in with a standardized solution. This is very unusual compared to other countries; punting responsibilities to local officials in other countries is generally seen as a way for politicians to abdicate responsibility by letting it die in micromanagement and overworked administrative workers and isn't popular to do anymore these days. (This is also a two way street, where federal US lawmakers can abdicate making any legislation that isn't extremely popular by just punting it down to the states, even if they have legal majorities.)

* The US has a court system that overly favors case law rather than actual law. Laws in the US are permitted to be painfully underdefined since there's an assumption that the courts will work out all the finer details. It's an old system more designed around the days of bad infrastructure across large distances (like well, the British Empire, which it's copied from). It's meant to empower the judicial branch to be able to make the snap decision even if there's not directly a law on the books (yet) or if a law hasn't actually reached the judiciary in question. The result is that you end up with a bunch of different judiciaries, each with their own slightly different rules. It also encourages other bad behavior like jurisdiction shopping where people will try to find the judiciary most favorable to them, crafting "the perfect case" to get a case law on the books the way you want it to get judges to override similar cases and so on and so forth - in other countries, what the supreme court judges doesn't have nearly the same lasting impact that a decision in the US has.

* And finally, the entire system is effectively kept stuck in place because lobbyists like it this way; if they want to kill regulation, they just get some states to pass on it and then hem and haw at the notion of a federal regulation. Politicians keep it in place on their own, lobbyists provide them the grease/excuse to keep doing it. (And those lobbyists these days also have increasing amounts of ownership over the US media, so the rethoric about voters not liking big government regulations is reinforced by them as well.)

It didn't end up this way on purpose; the historical reasons for this are mostly untied from lobby interests (which is mostly just "the US is the size of a continent in width", "states didn't actually work together that much at first" and "the US copied shit from the British Empire"), but they're kept this way by lobby interests.

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#239

Earlier quoted context omitted.

The original comment asserted that there are “probably” a finite list of reasonable things everyone could agree on. The examples were parenthetical and surely not meant to be the last word. The point they were making (rightly or wrongly) seems to be that contract law just isn’t the right way of managing consumer-business relationships. I suspect that actually meshes with the intuitions of a broad swath of the populat…

We could have a sort of “Consumer Protection Agency” that broadly enforces these norms when a company feels the need to avenge themselves on someone. A sort of regulatory agency, if you will.

But the critical question is whether it would be possible to create, staff, operate, publicize, and oversee such an "agency", at a cost that is sufficiently lower than a tiny fraction of a heavy explodey thing.

Re: US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

#240
post #231

Earlier quoted context omitted.

I don’t think it’s totally worthless. I think people who make it, producers, are extremely corrupted friends of Jeffrey Epstein with each one sooner or later turning out to be a sex offender. There is a difference. If you have any sort of conscience you simply don’t want to fund these people. Don’t enable them. Let it wither. Nothing of particular value will be lost.

>I think people who make it, producers, are extremely corrupted friends of Jeffrey Epstein with each one sooner or later turning out to be a sex offender. This applies to everything that comes out of Hollywood?

This applies to every big corpo that exists and especially degenerate cesspit of Hollywood.

Big corporation - just inhumane greed beyond mortal comprehension.

Holywood - not only greed but also complete moral decay

It would even apply twice if it could but you cannot really steal a movie twice. Unfortunately.

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