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by darawk
2963 days ago
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> In your scarf example, you gave me the scarf after you gave me the terms. I didn't intend that interpretation. However, if you believe that's the crux of our disagreement, then we in fact do not disagree. If a site does not make clear its expectations, then there's no theft. If they do, then there is. And certainly you cannot be expected to turn off your adblocker before seeing those terms - that's silly. Uninformed consent is not consent. But once you are informed, to proceed with content consumption without abiding the clearly stated terms is theft. |
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If you say "I'll give you this scarf if you go to the store for me" and then drape it over my shoulder, I haven't broken any agreement or stolen anything if i walk away. You gave me your scarf without any agreement on my part and will have a hard time enforcing that agreement in court.
Similarly, I suspect that the "by using this site you agree to..." declaration that is widely used has fairly limited legal efficacy precisely due the the lack of explicit agreement.
Even if I do agree to your terms, if I don't go the store it STILL isn't theft. I am merely in breach of contract and you will have to go to court to get them to force me to return the scarf you gave to me.