Bloggin big willy style |
|
William D. Randall's Blog (of no particular interest to no one in particular)
Yep that's right there is no e-mail address on this page (I h8 !@#$#% Spam !@#$@). Vistors: thanks for visiting! Friends: Drop me a line through the usual channels, Thanks.
"We Have Just Begun to Fight...." Winston Churchill "Audentes Fortuna Juvat" - "Fortune Favors the Bold"
Archives
The Bookshelf
|
Sunday, March 18, 2007
THIS BLOG POST IS A CONTRACT, PLEASE READ IT AS IT MAY AFFECT YOUR RIGHTS. Ok, As a law student I am a little bit intrigued that a person can claim that just by visiting a web sight or archiving a copy of a web page that a contract is formed with the one providing the material. If a federal court were to buy this argument, then the Internet it self is in danger. Here are the terms of a contract posted on the front page of a particular website (addresses have been removed to prevent the person from receiving any credit) (The following is for fair use and editorial purposes only - So Sue Me :-p) --------------------------------------------- EMAIL THE (STUPID SITE OWNER) *** Our client lists are confidential. Please do not ask who disclosed certain information to ****. This information is not available to the public and will be vigorously guarded from disclosure to protect those clients whose children remain at risk of state-sanctioned kidnaping of their children. IF YOU COPY OR DISTRIBUTE ANYTHING ON THIS WEB SITE, YOU ARE ENTERING INTO A CONTRACT. SEE COPYRIGHT NOTICE & SECURITY AGREEMENT (READ BEFORE ACCESSING THIS WEBSITE) - Copyright 1996- 2007, ********** and individual contributors where appropriate. The content if this web site is intended to generate income, it is not free if you intend to archive, copy, print or distribute anything electronically fixed herein. Reproduction and distribution prohibited without permission. This web site is licensed to be viewed on a computer only.Permission and limited, non-exclusive license to reproduce this web site, by any method including but not limited to magnetically, digitally, electronically or hard copy, may be purchased for $5,000 (five thousand dollars) per printed hard copy page per copy, in advance of printing. We accept Visa, Mastercard, American Express, check, money order or cash. WE DO NOT ACCEPT GOVERNMENT PO’S - this fee schedule specifically applies to any state agency, employee, contractor or CP$ service provider or any person listed on ********** Bad Advocates pages. CP$ agencies and coconspirators have found this site to be extremely valuable, preferring the contents of this site to any other site. Hence, the premium price. Family Rights activists or advocates may obtain reduction or waiver of license fees . All online purchases are nonrefundable. In the case of a dispute involving a purchase, the purchaser agrees that the record of electronic delivery generated by the online document delivery service shall constitute incontrovertible proof that the item charged was delivered to an authorized user of the credit card or online payment service account. If the card owner contests the charge the document was delivered and we are charged fees for a charge back, cardholder agrees to pay to us the amount of the purchase plus $50 or double the purchase price, whichever is greater, upon demand. If this intellectual property is stolen, infringed or used to harm any member or associate family of any Family Rights group, the copyright holder will seek appropriate remedies under applicable laws. Anyone visiting this site consents to jurisdiction and venue remaining in El Paso County, Colorado. --------------------------------------Here are my thoughts on the above listed text. (1) Merely visiting a website is not enough for one to be bound to a contract, while it is true that one may enter into a contract via electronic submission, usually there is some intent to be bound by the transmission, such as the placing of a market order by a automated computer program. (2) The author of the webpage is the one most able to prevent the page from being archived. By inserting a "no follow" link, or certain code in the webpage, archiving can usually be prevented. (3) Other methods exist to prevent "copyrighted" material from being copied, such as providing a password for a secured section of the site in exchange for payment and agreement to terms of service. (4) If a federal court were to recognize her argument as valid, this could have devastating consequences for the Internet as a whole. Plus more than just computers have the capability of accessing the web. And (5) No one can consent to jurisdiction and venue just by visiting a website, it is possible that the webpage itself is hosted on a server outside the jurisdiction. Additionally such contact is insufficient to rise to the level of "minimum contacts." BTW, "not legal advice? Cases are cited and interpretation is given, I think that is just about enough to be "legal advice." WDR.
Comments:
Post a Comment
|
