Worst Terms of Service Ever

Popageorgio writes "Yale's Lawmeme features the most oppressive, paranoid web site TOS ever, found at the Central Pacific Railroad Photographic History Museum. 'Additionally, in the event that your actions in violation of this User Agreement result in our being deprived of our exclusive rights . . . you agree to pay us liquidated damages in the amount of five million U.S. dollars . . . . You agree to use only the provided permissions e-mail address (or other e-mail links on this website, as appropriate) and not to telephone us or content contributors with permissions or other requests, nor to attempt to circumvent the provisions of this agreement, and telephone calls placed in disregard of the foregoing will be charged at two hundred fifty dollars per telephone call.'(Emphasis theirs)." The museum acknowledges this is crazy, too -- read on for more.

The legal birdseed here (appropriately and manically illustrated in the manner of The Secret Guide to Computers) makes the copy on Dr. Bronner's Soap look sane; the user agreement ("Click on any link or image to indicate "I ACCEPT" the USER Agreement.") begins with a little blurb about why it's necessary, and asks you not to be put off by the legalese. That might seem disingenuous at first, but buried in the text is this note, too: "[Yes, we know that you think that all this legalese is completely ridiculous, and we think so too, but we also believe that current law unfortunately requires that it be done this way; So if you know of a better, simpler 'legally correct' way, do tell us how!]"

(Besides this amusing legal stuff, the site is actually very interesting, at least if you enjoy U.S. history and trains.)

Comments

Re:Reason for "public domain"?

[pla]

but just for pure simplicity, why not "This is in the public domain"?

Because, simply put, they want to have their cake and eat it too.

A group of people, who love old railroad crap (never really understood that hobby myself, but I suppose my love of Legos seems no less wierd to some), decided to scan in a bunch of old pictures. PD pictures. Now, they want to show off their work, but not to let us share the benefit from the idea of "public domain" which they required to embark on such a project in the first place. So, they came up with this bizarre TOS agreement (which other commentary by them, for example their response to Yale that someone else posted, demonstrates they intend as humorous but serious).

Would it stand in court? I don't know. But I will say, shame on them! I prostitute myself to Corporation X to make a living. When I do things for the love of doing them, rather than to make a living, I want others to share in it (if applicable).

These people only have access to the very photos they scanned because 150 years ago, we hadn't come up with the idea of such abhorrently long copyright terms. Nice, real nice. Enjoy your hobby, boys, I hope someday you find the crown jewel of your collection - Still under copyright, and owned by someone who won't share for any amount of money.