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Old 11-28-08, 06:10 PM   #29
AVGWarhawk
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[quote=MothBalls]
Quote:
Originally Posted by AVGWarhawk
Quote:
Originally Posted by MothBalls
Quote:
Originally Posted by SUBMAN1
I'm torn on this case. On one hand, that was a pretty mean thing to do from the defendants side. On the other, that judge and jury set a dangerous precedent for users of the internet that might affect everyone. A catch 22 with this case.
I think you and I are the only ones who see this. I haven't seen any mention of it anywhere. I may be way off base, not knowing the details of the case or the charges. From what I read, violating "Terms and Conditions" on a website is now a criminal offense?
Terms and conditions are there for a reason. It is just not print to be ignored like most do before the box is checked....'I Agree'. It is the fine print on the internet. Is it any less valid then downloading music and not paying for it? I believe the same terms and conditions are the same yet a woman was successfully prosecuted in the courts for downloading illegally and sharing for free with others on the web.
(Maybe I'm wrong, I don't know what the specific charges were)

You missed the point I was trying to make, or seek clarification about.

This person was convicted of a crime. It was stated that "violating terms and conditions" of a website and they were guilty of a misdemeanor.

Here's a silly example. Let's say Neal puts into his terms and conditions;
Quote:
While using this website [subsim.com] you must place your right hand on you mouse and your left hand on your crotch and stand on your left leg while singing God Save the Queen. Failure to do so violates the terms and conditions of use of this website.
So if I violate the terms, can I be found guilty in a court of law? I know it sounds stupid, but this is what the article said they were found guilty of. So webmasters can make laws now? There's a difference between a rule and a crime. Violating a TOS shouldn't be a criminal offense enforceable by a court of law.

That would be a very dangerous precedent. http://en.wikipedia.org/wiki/Precedent[/quote]

I do not believe the website authors create the law. I could be wrong but I believe it is part of the internet site protocal for term and conditions. Neal does have his own set of rules. Might want to inquire with Neal or perhaps look it up on the internet. I certainly do not know that much about it. However, I believe if the terms and conditions as written for internet sites can be processed in a court of law. Question is, does the site owner want to go that far.:hmm:
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