Comment by 27183
9 hours ago
Spot on. This is where a lot of these "terms and conditions" break down logically. Viewing some content on the internet is literally copying it.
So is the distinction that xcancel served the content? But when I run
mtr xcancel.com
I see a bunch of hops between me and them. Every one of those hops is literally copying and retransmitting all the content. Are they not also serving it?
No, this is where programmers rules-lawyer in ways that actual lawyers don't and then get law stuff hilariously wrong. No judge thinks that viewing an HTML page is downloading it, because downloading means saving a copy to your computer, not just looking at it. Even having an internet cache folder doesn't count as downloading. Even copying the file from the internet cache folder to somewhere might not count as downloading, although it'd still be a copy.
Same as when LG said their TVs don't record you and then Hacker News said "how can they detect voice commands if they don't record your voice"... facepalm.
I don't pretend to understand law, mostly it just doesn't make sense at all.
It makes more sense when you remember it's not a computer program and the things that are written in the law are not the things that will actually happen in the way that "if(foo) bar;" makes bar happen if foo is true. It's more like a book of excuses you could use for why you didn't do your homework.
Then the other side also has to bring an excuse for why you were supposed to do it, and if the principal thinks their excuse is better than yours, you get detention.
If you tell the principal "I don't have to do my homework because work means employment and it's illegal to employ a minor" you'll get detention for not doing your homework and extra detention for being a smartass.
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Could you elaborate in what way you find the law mostly doesn't make sense? It has to be flexible in order to work with actual humans. Why should visiting a page on your computer count as copying? Usually when we talk about copying it's someone making a duplicate so it can be accessed later. Only a very technical user is going to be diving into their cache to view that content after the fact. The vast majority of people don't understand that the browser is storing anything on their computer, much less how to access it before it's purged.
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