> illegal
No, it’s not. Liability isn’t legality. There is nothing illegal in violating a ToS, nor is it a crime. Violating a ToS makes you liable under some other terms of that same agreement. That is very different from being “illegal”.
If you have entered into the contract and are even party to it in the first place, which is not clear in this case and is likely going to be one of the questions litigated here.
Didn't the guy run an instance himself? Clickwrap licenses are generally held to be enforceable so that's one way he "agreed" to the terms. Also even if he didn't, as a matter of practicality he probably needed to connect to the site to develop nitter , which exposes him there too.
> illegal No, it’s not. Liability isn’t legality. There is nothing illegal in violating a ToS, nor is it a crime. Violating a ToS makes you liable under some other terms of that same agreement. That is very different from being “illegal”.
> Violating a contract is illegal.
If you have entered into the contract and are even party to it in the first place, which is not clear in this case and is likely going to be one of the questions litigated here.
Didn't the guy run an instance himself? Clickwrap licenses are generally held to be enforceable so that's one way he "agreed" to the terms. Also even if he didn't, as a matter of practicality he probably needed to connect to the site to develop nitter , which exposes him there too.
I think the click wrap license agreement needs to be revised. Companies are abusing it almost universally.
> Clickwrap licenses are generally held to be enforceable
Sort of. Depends on the jurisdiction, and it's not always the case. That's why this is likely to be one of the core topics litigated in this case.
Nobody on HN is going to know the answer here at this point.
Are terms of service a contract?