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by dahart 3230 days ago
According to their view, you do agree to the contract by using their services, which includes visiting their web pages. If you don't agree, then don't use the services and don't visit their site. Or do, and argue it in court, but it's pointless to tell me you don't agree, the contract exists.

They're not restricting access to the information. HiQ is scraping their site using bots, and LinkedIn doesn't like it. This isn't a debate about anything being publicly available or not, this is a business fight between two private companies.
2 comments
redial 3230 days ago
Well then, since what you are saying is that a contract only one part agreed to is a valid contract,

By reading (or not) this comment, you (“the reader") concede all the points of this discussion. The reader also agrees that the arguments presented by HackerNews user “redial” ("me", "we", "us") are correct even in case of conflict with his or her own previously stated positions, and that he/she will amend all of his/her previous comments to reflect this legally binding agreement.

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dahart 3230 days ago
+1 for the lols. You seem to be arguing against me for the existence of EULAs. Maybe you're not aware that these have been around and their validity has been debated for decades? Lots of people are super bugged by them, just like you are. I think's it's fairly lame too. I didn't write the EULA, and I don't care if it's a valid contract. But no matter what you say to me, no matter how much sarcasm you use, the fact is that LinkedIn's EULA says that by visiting their site, you are agreeing to their contract.

The real point I was making is that LinkedIn is establishing that they are not offering a public service. It doesn't matter whether you can be bound by their contract, the EULA is more about covering their own asses when they do things like refuse service to HiQ. The wrote the rules so that it's clear what things you can do to get banned. Regardless, they have the right to ban IPs or specific bots or whoever they want, because even though they let anyone access the site, that doesn't mean they have to let everyone access the site always. Like it or not, them's the facts.

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ryanwaggoner 3230 days ago
the fact is that LinkedIn's EULA says that by visiting their site, you are agreeing to their contract

So what? The whole point here is that they can say and think whatever they want, but it doesn't make any difference if the law disagrees.

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pm24601 3230 days ago
> According to their view,

which the judge didn't agree with. So right now your argument is counterfactual and pointless.

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dahart 3230 days ago
The judge did not rule on the validity of their EULA. It was an injunction.
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