How a website's TOS might ruin your day

[LaughingCrow]

Click, you’ve just opened a Web page. And according to a recent B.C. Supreme Court decision, you’ve also just signed a contract.

Why reading a website’s fine print matters - The Globe and Mail

Michael Geist - BC Court Rules Rogers' Zoocasa Real Estate Site Infringed Copyright, Breached Terms of Use

I checked out Century 21's TOS - it's an 8 page PDF file in full legalese splendor. Given the vulnerabilities still being found in PDFs, I just viewed it rather than download it. The TOS link is at the bottom of the page and it's a long page to scroll down.

Besides the vulnerability factor, this could also get absurd - what's to stop anyone from making up a ridiculous TOS?

Game EULAs and TOSs are bad enough. Will we have to get a law degree just to surf?

By reading my post, you agree to...

[MpG]

What I don't understand about this situation is how it couldn't have been handled with copyright laws alone, without getting into some "implied TOS" issues.

The reverse implication is that if there isn't a TOS hidden away somewhere on your site, they can get away with copy-pasting your sites original contents for their own profit? Seriously doubt it.

[frontier204]

Judge Punnett declared that Zoocasa, simply by accessing Century 21’s website, had agreed to observe Century 21’s “terms of use,”

??? I don't why the judge decided to set precedence this way. This case should've just been called copyright infringement just like any other (automated or not) copy-paste.

I can see proxies, VPN, and browsers disabling cache by default getting very popular if this gets dumb enough.

[Galcobar]

A key factor was that Zoocasa had already been denied permission to use the data, then went onto the website and accessed it anyway.