[nandomrumber]

But I did expressly consent.

When I installed the SoundCloud app and it told me by continuing I agree to them sharing my data with their 954 partners.[1]

1. I’m not even joining. When I mostly recently installed the SoundCloud app - for the first time on a new device, that’s what’s it said: 954 partners. How can anyone reasonably understand what it is their agreeing to in that scenario.

[Perseids]

This is the important point. You need the right to not be discriminated when you withhold your consent, otherwise your consent is effectively meaningless, as it is forced on you by your impossible bargaining position. This is one of the central pillars of the GDPR without which it wouldn't work at all. Be advised to make asking customers for consent that doesn't directly benefit them illegal as well, lest you risk creating another wave of malicious cookie banners.

[Joker_vD]

> You need the right to not be discriminated when you withhold your consent, otherwise your consent is effectively meaningless, as it is forced on you by your impossible bargaining position.

Which is why "we don't serve patrons without shoes and pants" policy is unconstitutional, yeah.

If you don't want to agree to a business's demands — you're welcome to not deal with them and look for an alternative. All the alternatives have the same (or even worse) demands? Unless you can prove collusion, that's just how the invisible hand of the market worked its magic out. Go petition you congressman to violate laissez-faire even more than it already is, I guess.

[LadyCailin]

The trouble with this is that I, at least, am trying to live in a society. And society has both rights and responsibilities. Sometimes you are forced to do things, or don’t do things, contrary to your desires. Every freedom has two sides, you can’t ignore the fact that increasing some freedoms for one decreases other freedoms for others.

The shirt and shoes example is a great example in fact that illustrates the point. You don’t have unlimited freedom to not wear shoes, just like a business does not have unlimited freedom to impose whatever terms it likes, just because it put it in its ToS.

[Joker_vD]

> You don’t have unlimited freedom to not wear shoes

Okay, I am gonna be 100% serious here: you absolutely should have such a freedom. Just as loitering or jaywalking being a crime is inherently totalitarian, what the hell.

[alistairSH]

In this case, unlimited means literally everywhere.

You do have the right to go barefoot in your own home. And in true public spaces.

But, a property owner can require shoes. Do I care if somebody is barefoot in the local grocer? No, not really. But, the proprietor might because they want to limit their liability (should something fall on your foot, a cart run it over, or a loose tack/nail somehow land in an aisle, etc).

[alistairSH]

Except the are companies with which you effectively must do business.

Microsoft (or Apple).

Any web host, payment processor, etc that's contracted to do work for your local government (I suppose you could try driving to the government office and pay by check, but then you need to give consent to Ford or Chevy).

Short of living like a hermit, there's no practical way to avoid all ridiculous T&C.

[dnnddidiej]

Yes please. Your shaming didn't work. Free markets centre of gravity is biased towards capital and land owners. We need people power to balamce it back. Something we poor people are all enjoying now (pssst me and you are poor.... kings and barons are the few and rich)

[Joker_vD]

I really need to start putting /s at the ends of my comments where I merely restate the currently adopted legal theory/framework in non-sugar-coated terms, don't I? The whole liberal movement has its roots in the merchants' and industrialists' desire of having as little interference from the aristocracy-heavy governments of the yore, and it really shows even to this day.