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by saurik
1892 days ago
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I am very confident the DMCA already doesn't apply even if this were a copyright issue (which I don't think it is) due to interop exemptions, terms of service generally aren't legal issues in the first place, and the CFAA doesn't apply as there is case law that this is not "access". I maintain: there already is nothing stopping you from making a third party client except 1) how people keep making the stupid mistake of violating trademark law in their third party client (which is trivially avoided) and 2) the legal right of the service to refuse service to anyone... you need to make that actively illegal, and then defend that that makes sense against the onslaught of arguments that they need to be able to ban people due to spam prevention, security mitigation, and content restriction (and the EFF coming out of nowhere with some kind of argument that this is going to undermine the right of free speech of the company due to similar arguments as to Section 230, etc). |
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