[yieldcrv]

lol if you think this message is a deterrent

half of the fun is punting liability in a Terms of Service agreement or a EULA, because you can write anything in them and nobody reads them but are subject to them or your shielded. I write ridiculous things and I absolutely would here. By anything I don't mean onerous conditions that cant be enforced, I mean creative writing exercises that make fun of the user.

[K0balt]

Lol, nah. I might not put something like this up myself but I don’t mean that others shouldn’t be free to.

I do think that other than a potential source of data for training for these kinds of situations, the utility is offset by the anti-utility. But as a source of specialised training data? Skeevy but probably effective.

Hopefully it’s later rather than sooner that generative AI is implicated as a contributing factor in a mass shooting or something else horrific though. People are always looking for ways to share the blame.

As for TOS writing it’s good to keep in mind that the only binding provisions in a TOS is the ones that a judge (or jury, IA) finds reasonable under the circumstances that they are contested.

[yieldcrv]

> As for TOS writing it’s good to keep in mind that the only binding provisions in a TOS is the ones that a judge (or jury, IA) finds reasonable under the circumstances that they are contested.

Oh no, a civil lawsuit with an out of state LLC that has little to no information for service processing in your state's way. With no indication of ownership structure that gives any insight into what you'll collect from a favorable judgement.

Oh no, anything but that.

Liability is a "user funnel" where lots of potential plaintiffs get bounced. Just make it more expensive.

The risk about finding if a provision is binding exists for a plaintiff too, greater risk.

[dragonwriter]

> The risk about finding if a provision is binding exists for a plaintiff too

Your risks affect you whether or not you account for them.

The other party’s risks of litigation against you only benefit you when the other side properly (or overly) accounts for them. Or, looked at a different way, they are mitigated by the risk of a risk-tolerant counterparty. (This would be somewhat less true in non-US jurisdictions where lawsuits generally have a loser pays rules, since there would be a greater chance of having some or all of the cost of a lawsuit against you that fails compensated.)

[K0balt]

Practically this is definitely true. Only exception is someone with deep pockets and money to burn or if you podge it so bad that you inspire a class action lol.

[yieldcrv]

This is part of why I advocate incorporating in states that aren’t Delaware, if the obscure case law exists at all you can still advocate for a completely opposite favorable ruling in your state of choice

If expediency is more important then I would still say Delaware