← Back to context

Comment by Sosh101

4 years ago

Well that's a whole other debate, but I'd like to know the legality now.

Everything is legal until it's not. Unless someone takes it to court they will get away with it. When that happens they will find a slightly more expensive and slightly more legal way to prevent piracy. Rinse and repeat.

You agreed to the terms of service. There is little to nothing you can do.

  • You can't write just want you want in an agreement. There are things that are not legally enforceable - even if the other party has agreed to them.

    • I wonder if a company included "We have the right to send a company agent to enter your home and destroy this product." in their Terms Of Service, and you "agree" to it, would that simply allow them to do so?

      EDIT: I am not a lawyer, but I've always been surprised that Terms Of Service and End User License Agreements aren't routinely voided by courts. Aren't they perfect examples of unconscionable and adhesive [1] contracts? These seem to tick all the boxes: One-sided, no meaningful choice, no meeting of the minds, significant differences in bargaining power between the parties, no ability to negotiate, take-it-or-leave-it terms.

      You'd think these things were total junk, but they're everywhere and somehow enforceable? Why?

      1: https://www.jensenlawmn.com/adhesion-contracts-unconscionabl...

      4 replies →