A Promise Falls in the Forest

A Promise Falls in the Forest
Mark Rasch, 2004-07-26

A federal court recently ruled that website privacy policies aren't binding, because nobody reads them. The implications are far reaching for contract law and the Internet.

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Shrink wrapped and click through agreements challenged? 2004-07-26
John the Kiwi (1 replies)

While I'm disappointed at these entities for throwing our privacy down the tubes - was anyobody really surprised or upset at this?

I'm more interested in the challenges this makes to shrink-wrapped and click through agreements. Will this decision actually filter through these agreements?...

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Shrink wrapped and click through agreements challenged? 2004-07-27
Y (1 replies)

And even if SW and CTAs are unaffected directly, are they still invalidated when the person reading them (eg a technician) has no authority to enter into such an agreement on behalf of their company....

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Shrink wrapped and click through agreements challenged? 2004-08-03
Anonymous

Here's a quote directly from Microsoft when I asked them a year or so ago:

Thanks for your questions about how a technician should deal with the
EULA acceptance issue. You correctly observe that Microsoft intends
that the EULA be accepted by the end user and that as a practical
matter, techni...

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A Promise Falls in the Forest 2004-07-26
Anonymous- Your Not Data-mining Me! (1 replies)

Does this then mean that all those 'legal agreements' we must click through to use MS or other Software are also meaningless because nobody reads them? I would gladly give up my personal info. to the Gov't and NorthWest in exchange for 'piracy with impunity'!...

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A Promise Falls in the Forest 2004-07-28
Anonymous Amateur

i am curious how far it can be twisted and stretched:

if i buy a copy of Windows and install it on my three computers without reading EULA, although i click to say "agree" for installation, i am in no way bound by EULA because 1) i bought a copy which is now "my property" and in no way MS's and 2...

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Looks Like a Duck, Smells Like a Duck...it's a Pineapple 2004-07-26
Dave

Sounds similar to the agreements and acceptable use policy of Gmail. Gmail attempts to hold the user to a higher standard than the company itself is held to. For example, Gmail states that it limits the property rights of the e-mail consumer but does not limit its own liability if Gmail abuses it. I...

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A Promise Falls in the Forest 2004-07-26
Anonymous (1 replies)

did not belong to the customer, because the customer "voluntarily provided some information that was included" in the information given to the government, and that when Northwest "compiled and combined" this information with other data it "became Northwest's property."

So, would this be invalid ...

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A Promise Falls in the Forest 2004-07-28
Anonymous

who cares
let em mine

its the american way

we have been mining stuff for ages its no big deal people, get a life and stop complaining about everything. live life yall...

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Time for an appeal ! 2004-07-27
Daniel Convissor

I sure hope the plaintiffs appeal the decision.

Fortunately, this decision came from a District judge, so it doesn't create a precedent that must be followed....

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A Promise Falls in the Forest 2004-07-27
Anonymous

It is obvious from the ruling linked that US law desperately needs the same privacy legislation as we have in Europe.
The trespass claim failure is particularly interesting.
...

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Rogue state 2004-07-28
Louis Bertrand

European and Canadian law places tough controls on how private corporations manage personal information: privacy, access to one's own record. The USA is rapidly becoming the Typhoid Mary of the international community, despite the best lobbying and arm-twisting efforts of the State Dept.

http://w...

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So you could apply the same to an EULA 2004-07-28
Anonymous

If the consumer tried to use this reasoning in conjunction with the violation of a software EULA they would be held financially and criminally resonsible. Have you read every ELUA for every piece of software you installed, what about the software that Dell installed for you?...

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A Promise Falls in the Forest 2004-07-28
Anonymous

Does this mean that I can now, "not read" the piracy laws and have them not apply whenever I want to copy a game?? That's a ludicrous ruling. By extension, are criminals now not criminals because they did not read the fine print. yeah right....

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A Promise Falls in the Forest 2004-07-29
L. Kelly

In this column Mr. Rasch states that consumers "only voluntarily provided this information to Northwest because the airline made certain promises and representations about its privacy and security." I don't quite believe this is true. I provide that information to the airlines in order to book a fli...

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A Promise Falls in the Forest 2004-07-29
Anonymous

What's the big deal? Companies have been capturing, storing, using and sharing your personal information since way before the Internet. Sure today that information flows more easily and if companies and people don't make some reasonable efforts to secure the information it will leak and may lead t...

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A Promise Falls in the Forest 2004-07-29
Anonymous

I wonder if you can Copywrite/Register/Trademark your personal information so that legally it is still your information.

I am not "voluntarily" giving up my information. In fact, I'm forced to. If I want to use their services, they require me to give them my information. In that, I assume they...

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A Promise Falls in the Forest 2004-07-29
Anonymous

Next time I get pulled for speeding, I'm going to give the officer a piece of my mind. I mean, if I didn't *read* the speed limit sign, it doesn't apply to me!...

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Won't this also apply to the disclaimer? 2004-07-29
Anonymous (1 replies)

If the agreement isn't binding because I didn't read it, then the disclaimer shouldn't be either.

I didn't read the disclaimer, so they should be liable for any and all damages I suffered as a result of my dealings with their organization.
We might even be able to make it a civil case.

But, I...

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Won't this also apply to the disclaimer? 2004-07-30
Anonymous

This is why I use a fake email and fake name/ address for everything I sign up for online. This whole airline thing can be summed up in 2 words "Patriot Act" That is why they gave the government the information. Who is to say that they were not holding your "security" in your best interest when they...

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Won't this also apply to the disclaimer? 2004-07-29
Anonymous

A Promise Falls in the Forest 2004-07-30
Anonymous

If I purchase a recording of a song, then that song now belongs to me and I can share it with whomever I please, according to this judge's ruling.
He is simply sitting in the wrong court!...

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A Promise Falls in the Forest 2004-07-30
Anonymous

Interesting the SecurityFocus privacy policies security clause says "This site has security measures in place to protect the loss, misuse and alteration of the information under our control"

Is this a promise that never in any way will customers data be compromised? 100% Security wow - tell me ...

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Will not apply to EULA 2004-07-31
-bildr

They let the corporate mis-management of information fall through on the 'you willingly told us that information'. The software vendor did not 'willingly give you the source'. Albeit a small loophole but large corporations have slipped through smaller holes....

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A Promise Falls in the Forest 2004-08-02
Steerpike

I think that parts of the District Court's decision are alarming, however, I think it worth pointing out that there are some significant limitations on its scope. To take one example, two of the most promsing claims, one made under the MN Deceptive Trade Practices Act, the other a based on common l...

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A Promise Falls in the Forest 2004-08-02
Anonymous

I propose we all cancel our credit cards after each purchase, then open a new account with the same credit card company. If we all did that once or twice the credit card companies might start making some noise, don't you think???

Better yet, cancel your credit card, open a new account, then refus...

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