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Old October 2, 2011, 11:24 AM
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Default How a website's TOS might ruin your day

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...
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Old October 3, 2011, 03:00 PM
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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.
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Old October 3, 2011, 04:25 PM
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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.
"The computer programmer says they should drive the car around the block and see if the tire fixes itself." [src]
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Old October 3, 2011, 06:41 PM
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A key factor was that Zoocasa had already been denied permission to use the data, then went onto the website and accessed it anyway.
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