Comment by halJordan
7 hours ago
It would have to be. And it's not new in the law at all. The principal-agent problem was one of the main enablers of the golden age of piracy. But that doesn't mean it isnt a solved problem now (in the law and practically)
This is a binding from service perspective. The agent use case is being highlighted in this example, however in practice the server does not knows what/who the client is. In fact with API's (user not present in loop) just notifying is good enough based on what I have been told by company legal teams in the past.
Ideally the agent is supposed to be responsible to surface its own TOS and the downstream TOS to the user. In other words most likely the agent is on the hook if this goes to court
> principal-agent problem
Here the agent is not a person. It's unclear this principle holds legally