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Web Contracts Can't Be Changed Without Notice

Posted by kdawson on from the late-binding dept.

RZG writes "The U.S. Court of Appeals for the Ninth Circuit ruled on July 18th that contracts posted online cannot be updated without notifying users (PDF of ruling). 'Parties to a contract have no obligation to check the terms on a periodic basis to learn whether they have been changed by the other side,' the court wrote. This ruling has consequences for many online businesses, which took for granted their right to do this (see for example item 19 in Google's Terms of Service)."

7 of 169 comments (clear)

  1. Booh by Anonymous Coward · · Score: 4, Funny

    What about the mega-corporation's rights to mercilessly screw their customers? This ruling ain't fair, you know.

    1. Re:Booh by pokerdad · · Score: 5, Funny

      If Bill Gates punctured a tyre, do you think many Linux users would feel sympathy for him?

      Nope. They would just wonder who that guy is getting out of the limo and into the helicopter.

    2. Re:Booh by VariableGHz · · Score: 1, Funny

      If Bill Gates punctured a tyre, do you think many Linux users would feel sympathy for him?


      They would think "poor guy, he must be tyred." ;P
  2. 9th Court has same policy by Anonymous Coward · · Score: 1, Funny

    The 9th Court's own tool for retriving court decisions includes the same clause they say can't be used:

    If these Policies and Procedures change in a significant way, information regarding the changes will be posted on the PACER Service Center web site (pacer.psc.uscourts.gov). It is the acocunt holder's responsibility to check these Policies and Procedures regularly for changes.

    https://pacer.psc.uscourts.gov/psco/cgi-bin/regfor m.pl

  3. Update To My Credit Card Policies by nick_davison · · Score: 4, Funny
    Imagine if consumers could pull the same crap with changing contracts, updating terms and expecting the businesses to check online for any updates that businesses pull on consumers.

    Henceforth, the customer [Me] doesn't have to make any payments and will face no consequences for doing so. Further, the lender [You] agrees to assume existing and future debts whilst continuing an open line of credit. This was posted somewhere on the net so it's the lender's [your] obligation to check for it.
  4. Re:Not a big issue by Esion+Modnar · · Score: 3, Funny
    Any site that would change its terms without some kind of notice to users has been operating in cowboy land anyway.


    Brokeback Mountain land, that is.

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  5. Re:And of Course by Anonymous Coward · · Score: 2, Funny

    Wow. This guy knows the law, and CmdrTaco, too.