Timeline for Two-Way Browse-Wrap
Current License: CC BY-SA 4.0
9 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Jun 5, 2023 at 15:23 | comment | added | nvoigt | It's hard to prove a negative. I don't know of any case where they would have been binding in my juristiction, maybe someone else has one for theirs. I'm not from the US, that you asked about though. But the absence of any answer indicates to me, that there is no answer, because it isn't binding in the US either. | |
| Jun 5, 2023 at 15:18 | comment | added | interfect | @nvoigt So browse-wrap agreements in either direction are equally ineffective? Now I want to open another question about methods of not letting people enter a site unless they agree to a legal contract, and what happens if they do not genuinely agree to the contract but convince the computer to let them in anyway. | |
| Jun 2, 2023 at 15:27 | comment | added | nvoigt | @interfect That is a two line answer with no sources, claiming "general" applicability, across all juristictions. That doesn't strike you as maybe a little to vague/broad? I would not believe anything I read on the internet, unless it has at least a quote of a law or court decision linked. Just because people can press "post answer" on Stack Exchange, doesn't make it fact. You haven't agreed to a contract, unless you agree to a contract. If someone wants to hold you to a TOS, they better not let you enter their site and do stuff, until you have agreed to it. | |
| Jun 2, 2023 at 15:10 | comment | added | interfect | @BlueDogRanch I mean the legal person here, I think, who is sending the response, with the assistance of their server software. They in many cases have already empowered that software to form contracts with me on their behalf, by having it host terms and saying a contract is formed if I interact with it in certain ways. And they empower my browser software to form contracts with them; I don't seem to be able to say that I don't accept sending my browser to a site as a method of contract formation. | |
| Jun 2, 2023 at 15:03 | comment | added | interfect | @nvoigt you would think so, but within limits courts have apparently upheld this method of contract formation. See for example law.stackexchange.com/a/84812 | |
| May 25, 2023 at 5:15 | comment | added | nvoigt | "and my browsing the web site, having had notice that there are terms that apply, forms a contract between me and the server operator" that seems like something that would never hold up in court in the first place, making your question moot. | |
| May 24, 2023 at 16:27 | comment | added | Brian | I your question may already be covered in Is a contract valid if one of the party doesn't even read it?. | |
| May 24, 2023 at 15:05 | comment | added | BlueDogRanch | "...web site operator returns the information I requested .." Are you talking about the actual human behind the website who responds, or are you talking about the simple automated http response that responds to all http requests? | |
| May 24, 2023 at 14:55 | history | asked | interfect | CC BY-SA 4.0 |