[Air-L] The Spiders will find you (was wayback machine waspublic/private)

[burkx006 at umn.edu]

Unfortunately, courts in the US and EU now routinely enforce shrinkwrap and 
clickwrap licenses on software, and are increasingly inclined to enforce 
"browsewrap" licenses on web sites.

So ToS like "by accessing this web page you agree not to publish any data 
obtained" is not at all far fetched. Charles Ess, Gove Allen and I have a 
paper in the works addressing aspects of this.

DLB

On Aug 14 2007, elw at stderr.org wrote:

>
>> Copyright does not let you pick, but what if I include a restrictive 
>> license? Someone earlier suggested a "Researchers May Not Research Me" 
>> license, for example. How far may "Terms of Service" extend? Even if I 
>> do not have password protection, couldn't readers be exposed to a 
>> clickwrap license (ToS) on reading my blog?
>
>General consensus among attorneys I know has long been that clickwrap 
>licenses on *software* are questionable.  By extension, I believe that 
>such a thing on a blog post would be even more so.
>
>ToS/"don't research me" leads you quickly to the slippery slope down which 
>such themes as "thoughtcrime" lie....
>
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-- 
Dan L. Burk
Oppenheimer, Wolff & Donnelly Professor
University of Minnesota Law School
229 19th Avenue South
Minneapolis, MN  55455
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