Comment by Macha
1 year ago
So why doesn't my backpack come with a mandatory TOS that I won't e.g. put illegal drugs in it and bring it across the border? Why is Firefox any more liable if I used it to publish illegal content on the web than the backpack manufacturer would be if I used it to smuggle illegal content across a border?
Because the legal system around backpacks are better understood. The more common something is the less legal paperwork there is. Judges understand backpacks and have for hundreds of years. Many judges don't understand technology. As a result when selling a backpack you can rely on the court's understanding and thus not have to account for every possibility. Meanwhile because the court might not understand technology you have to account for every possible trivial thing.
for example - app that downloaded entered urls, something even simpler than a browser, hit with copyright takedown in 2023: https://torrentfreak.com/google-bans-downloader-app-tv-outfi...
I don't think a TOS would have helped you with Google's shoot first, ask questions later takedown policy.
Pretty sure this isn’t a legal thing, this is Google going “we got a takedown notice from this company and aren’t about to read it or hear your opinion, in order to protect ourselves legally”