[gorgoiler]

Serious contracts are witnessed or, better, notarised. These witnesses attest to the good faith involved in the signing ceremony.

Accept button clicking is not witnessed. Any contract so-signed should be good for all of $10 worth of dispute. No more.

[colejohnson66]

Assuming that became a law: I now need to get witnesses to me checking a box to use some software? What’s to stop me from just being my own witness under a fake name? I get the explosion of TOS contracts are stupid and need to be fixed, but we can’t just be crazy with fixing it.</rant>

[Wowfunhappy]

Why should you need to sign a TOS in order to use some consumer software? No, what would happen is TOS's would go away for everything but high-level professional software.

[colejohnson66]

Websites with accounts all have TOS because they need some legal recourse to boot you from their platform. The TOS lays out what you are allowed to do on the site (in addition to other things). That’s not changing no matter what you (or I) wish would happen without a massive change in how the legal system works in America.

[Wowfunhappy]

I just don’t think this is a real problem. Restaurants and theaters can kick me out be being disruptive. Websites can ban ip’s used in DDOS attacks even if the user never actually visited the site and thus could not have seen a ToS.

Without ToS’s companies might have to spend some small amount of money on court proceedings they would prefer to avoid. A portion of those lawsuits may be worthwhile.