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topkai22 | 4 months ago

For mandatory T&Cs I'll put in the signature box "Decline", including updating the HTML page to say "decline" instead of "OK" and screenshotting it or modifying the HTTP response sent back to include riders.

I know it probably won't matter, but it's kind of fun for me.

discuss

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odie5533|4 months ago

No chance that would hold up in court. Clickwraps have been tested in courts and are fully enforceable.

wat10000|4 months ago

And keep in mind that (at least in the US) the opposite of "I accept the terms and conditions" is not "I get to do whatever I want," it's "I am accessing this service without authorization, which is a crime under the Computer Fraud and Abuse Act."

fsckboy|4 months ago

>No chance that would hold up in court. Clickwraps have been tested in courts and are fully enforceable.

there may be no chance it would hold up in court, but not for the reason you say. it would have be be because "any words on on a modified document "signature" line would be taken as a signature" or "subverting a clickwrap license is theft of services" or whatever.

that "agreed" clickwrap licenses have been found enforceable is a separate fact about a separate issue.

kazinator|4 months ago

Have they been tested in court where the defendant has a screenshot of clicking through declined terms of service?

moritzwarhier|4 months ago

I envy the rigor and time investment, but I'm inclined to agree: there are unenforceable contracts, but I'm not aware of any case in which denying t&c's while using a service deliberately was successfully defended as compatible?

I'm not a lawyer though, I'm not even that well-informed about everyday law stuff for laymen.

jalapenos|4 months ago

Inb4 a dozen non-lawyers give confident proclamations as to the law.

mystraline|4 months ago

You misspelled 'potential jurors'.