Slashdot Mirror


Woman Wins $10,000 For Reading Fine Print of Terms and Conditions of Travel Insurance Policy (npr.org)

Georgia high school teacher Donelan Andrews won a $10,000 reward after she closely read the terms and conditions that came with a travel insurance policy she purchased for a trip to England. Squaremouth, a Florida insurance company, had inserted language promising a reward to the first person who emailed the company. NPR reports: "We understand most customers don't actually read contracts or documentation when buying something, but we know the importance of doing so," the company said. "We created the top-secret Pays to Read campaign in an effort to highlight the importance of reading policy documentation from start to finish." Not every company is so generous. To demonstrate the importance of reading the fine print, many companies don't give; they take. The mischievous clauses tend to pop up from time to time, usually in cheeky England. The report continues to highlight a number of different cases where companies have intentionally inserted unusual clauses into their terms of service, knowing people wouldn't read them. Here's one such case: A few years earlier, several Londoners agreed (presumably inadvertently) to give away their oldest child in exchange for Wi-Fi access. Before they could get on the Internet, users had to check a box agreeing to "assign their first born child to us for the duration of eternity." According to the Guardian, six people signed up, but the company providing the Wi-Fi said the clause likely wouldn't be enforceable in a court of law. "It is contrary to public policy to sell children in return for free services," the company explained.

89 comments

  1. South park by fluffythedestroyer · · Score: 5, Funny

    The human centipede episode. Enough said.

    1. Re:South park by SpencerWilliams · · Score: 1

      "Why won't it read?!?!? Argggggghhhhhh!!!!!"

  2. The problem with terms and conditions. by jellomizer · · Score: 2

    The problem is they are very long, and often express very little. They are mostly defining the terms used, and written in a way to avoid loopholes...
    Which I understand why, because people will find ways around contracts, however, this makes the document increasingly difficult to follow and for many to really understand for a simple topic.

    Most software Terms of services.
    1. Don't give a copy to someone else
    2. Don't sue us if something goes wrong

    Of course these simple terms one can be tricky. By Copy, That means I can manipulate a readme file so it is no longer a copy.
    Can I sue if you Something goes right. Or that copy from my friend with that newer license.txt file didn't state anything about not suing you.

    There are too many people trying to trick the system, vs just enduring it.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:The problem with terms and conditions. by Luthair · · Score: 1

      They're also written in a way that the average person won't understand. It would be better if they'd have taken the $10k and invested it in writing plain language explanations of the terms.

    2. Re:The problem with terms and conditions. by Anonymous Coward · · Score: 0

      Actually, all they did was prove that their terms are not enforceable, because the "average" person doesn't read the terms. If they go to court to try to enforce their terms, they will definitely lose if the defendant's lawyer brings up this news story.

    3. Re: The problem with terms and conditions. by Anonymous Coward · · Score: 0

      It doesn't matter if you read the terms- you've still made an agreement, the terms of which will be enforceable.

      If I offer to give you $10k to reply to this message AND comply with additional requirements that I don't state but are available to you, that's not an enforceable agreement? That there's NO WAY you can agree to it unless you obtain AND read those terms?

      Contracts don't work like that, otherwise there'd be no "consent to to be unreasonably withheld" terms and the like. People agree to unknowns ALL THE TIME.

    4. Re:The problem with terms and conditions. by BringsApples · · Score: 1

      The reason that legal documents are so long is due to the fact that they have to hold up in court. Turns out, defining ideas by wrapping them into words doesn't mean that everyone will understand the wording in a way that correctly produces the same idea in the reader, as the writer. When it comes to writing laws, they have to be written in a way that is completely and unmistakably understandable. The problem isn't the looong wording in legal documents, it's that there's a shortage of people that are willing to read, and absorb the true meaning.

      Which was the point that the insurance company was trying to make.

      --
      Politics; n. : A religion whereby man is god.
    5. Re:The problem with terms and conditions. by Calydor · · Score: 1

      What I would like to see is a "In layman's words" translation after each section; one whose wording is NOT enforced in court, but gives the average reader an idea of whether they're allowed to do something or not.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    6. Re:The problem with terms and conditions. by dhammabum · · Score: 1

      Yes, but the "in layman's terms" statements themselves could be construed as deceptive/misleading. I don't know that there is an escape from this.

      --
      I am not a robot. I am a unicorn.
    7. Re:The problem with terms and conditions. by Calydor · · Score: 1

      Not if they accurately summarize the legalese. The legalese is still there for you to get the details on payments and rates and so on, and the translation is "You have to pay us every month. If you stop paying we take back OUR stuff."

      --
      -=This sig has nothing to do with my comment. Move along now=-
    8. Re:The problem with terms and conditions. by jpaine619 · · Score: 1

      If they go to court to try to enforce their terms, they will definitely lose if the defendant's lawyer brings up this news story.

      Here we go.. Another asshole who thinks he's a lawyer. You are WRONG WRONG WRONG. Not reading a contract is not a defense.

    9. Re:The problem with terms and conditions. by ceoyoyo · · Score: 1

      This is an insurance contract. It's written to *include* loopholes, in the issuer's favour.

    10. Re:The problem with terms and conditions. by ceoyoyo · · Score: 1

      Are you mad?

      I just rejected a contract offer for a *volunteer* position. It had the usual section on intellectual property: we own all your shit.

      If it actually said that in plain language, even as a layman's summary, can you imagine all the hassle with people objecting to the terms?

    11. Re:The problem with terms and conditions. by apoc.famine · · Score: 4, Insightful

      But that's the problem - they can't accurately summarize the legalese to the extent that it would hold up in court. If they could, we wouldn't have the legalese in the first place.

      Plan language is generally used where it can be. The issue is that when lawyers start tearing at plain language, they tend to rip it apart. The only solution is to make it tough enough that they can't do that. Thus the legalese.

      You could flail and attempt to translate, but that would probably need to come with it's own disclaimer that it's not legally binding, and that you should retain your own lawyer to make sure that the translation generally says what the legalese says. But you'd probably need to wrap that statement in enough legalese to cover your ass, and then it's just legalese all the way down.

      --
      Velociraptor = Distiraptor / Timeraptor
    12. Re: The problem with terms and conditions. by Anonymous Coward · · Score: 0

      1. is Copyright law
      2. is legal precedence

      Eula's are often just meaningless and redundant masturbation, and not really a legal contract either.

    13. Re:The problem with terms and conditions. by religionofpeas · · Score: 1

      Another asshole who thinks he's a lawyer. You are WRONG WRONG WRONG. Not reading a contract is not a defense.

      The contracts are designed to be unreadable by someone he's not trained as a lawyer, so we're fucked either way.

    14. Re:The problem with terms and conditions. by religionofpeas · · Score: 1

      A simple solution is that the company who's selling the product provides free legal counsel by chat or phone to clear up any misunderstandings.

    15. Re:The problem with terms and conditions. by Anne+Thwacks · · Score: 1
      Legalese is there so lawyers can collect money. If you made contracts unenforceable if incomprehensible, then lawyers would have to learn to write good English - which you would expect to be a requirement of their college admission. However, anyone else who was literate could also write contacts - and then lawyers would have to do real work.

      But laws are made by lawyers, so don't expect changes any time soon.

      --
      Sent from my ASR33 using ASCII
    16. Re:The problem with terms and conditions. by Anonymous Coward · · Score: 0

      I quickly glanced at the title and read it as "Woman fined $10,000 for reading fine print of terms and conditions...". Slow down cowboy.

    17. Re: The problem with terms and conditions. by Monster_user · · Score: 1

      Which potentially constitutes a verbal contract, which may or may not override the legal contract being discussed.

      The organization which provided the contract must be careful not to undo the contract with speech, and so it is best to let the person signing seek their own council.

    18. Re:The problem with terms and conditions. by bill_mcgonigle · · Score: 1

      What did you want from the volunteer organization in exchange for imaginary property?

      Usually volunteerism is about generosity.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    19. Re:The problem with terms and conditions. by ceoyoyo · · Score: 1

      If I go to volunteer at a hospital, for example, it's a bit shady to have a clause in the "employment" contract stating that they own all IP I create, on or off premises, at any time. You may consider it imaginary property, but if I create something valuable at, say, my actual job, and said volunteer organization decides they'd like to patent it, there could be trouble.

  3. The probem is not the not reading! by Anonymous Coward · · Score: 3, Insightful

    The problem is, that the T&C are *deliberately* written to hide as many pitfalls as physically possible, so that an any conceivable case, *you* are the one who is duped, and they always have a "get out of jail free" card for when they fuck up, so that they only have to point at the T&C, and go "But you knew and agreed to this impossible-to-interpret-that-way-until-you-are-told-and-then-convincingly-'obvious' term right there on page 24 referring to page 2 and 9 indirectly as stated on page 13, all in 6pt font!".

    It's the brainchild of a sociopathic (actually aka psychopathic) mind that has only a single goal and no qualms of walking over dead bodies, if it gets away with it and there is a buck to be made.

    1. Re:The probem is not the not reading! by Anonymous Coward · · Score: 0

      I agree, but another problem is that they should not be able to state illegal things. It should be illegal to require you to sign away your children. That same brainfuck seems to think that asking people to do illegal things is okay, as long as it isn't enforceable by law.

    2. Re:The probem is not the not reading! by Anonymous Coward · · Score: 0

      Sadly this is how employment contracts work.

      How many times I've had to go to legal of a company and explain that what they wrote in an employment contract is illegal.
      Then they come back, "we know, so that clause does not hold up in court, so there is no problem for you to sign it."

    3. Re:The probem is not the not reading! by ceoyoyo · · Score: 1

      Here, every single contract has a boilerplate clause that says if any part of the contract is illegal it was totally accidental, honest, and that little bit of illegality doesn't in any way affect the bits that ARE legal.

      Basically, it's all totally legal unless you pony up for a lawyer, in which case, oopsie.

  4. I would think that... by mark-t · · Score: 1
    The same thing that makes unconscionable terms in a contract such as selling your children into slavery as unenforceable would, I think, also make any outrageous terms that allege to promise a large cash prize for someone who simply asked about it equally unenforceable.

    I mean, it's all very well and good that they stepped up and paid it out, but can someone explain why the company would actually obligated be obligated to honor such terms?

    1. Re:I would think that... by Anonymous Coward · · Score: 0

      They may not be obligated, but why would they refuse? They (the writer) offered the terms. Normally unenforceable contract provisions are when they(the writer) are the taker.

    2. Re:I would think that... by Anonymous Coward · · Score: 0

      If they didn't, then having a Terms and Conditions section would be completely useless

    3. Re:I would think that... by Anonymous Coward · · Score: 0

      because they themselves wrote the terms and agreed to it. in one situation someone else wrote something that you never read but "agreed" to by checking a box.

      In the other situation you wrote something so obviously you knew it was there and where ok with it existing.

      also paying a sum of money is a lot less unconscionable in an absolute sense then giving away a child.

    4. Re:I would think that... by Anonymous Coward · · Score: 0

      Well, in the case of Guy who Wants a Harrier Jet versus Pepsi, there are limits to such ads being taken seriously.

      However, in this case, several elements of the contract are met and it is ostensibly enforceable though there may be some particulars that would change the outcome.

    5. Re:I would think that... by ceoyoyo · · Score: 1

      It's illegal to sell your kids. It is not illegal to give someone $10,000. One of these things is unconscionable and outrageous. The other isn't.

    6. Re:I would think that... by Dutch+Gun · · Score: 1

      but can someone explain why the company would actually obligated be obligated to honor such terms?

      Because they just got more than $10,000 worth of advertising from their little stunt. It's pretty good marketing.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    7. Re:I would think that... by mark-t · · Score: 1

      No, but contracts are supposed to provide mutual benefit aren't they? One party giving up $10k while the other provides nothing in return is not a reciprocative agreement, and I would think that those terms could be considered unconscionable on those grounds.

    8. Re:I would think that... by angel'o'sphere · · Score: 1

      I mean, it's all very well and good that they stepped up and paid it out, but can someone explain why the company would actually obligated be obligated to honor such terms?
      Why would it not?

      The same thing that makes unconscionable terms in a contract such as selling your children into slavery as unenforceable would
      That is illegal, the term above is not ... simple.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    9. Re:I would think that... by Anonymous Coward · · Score: 0

      No, but contracts are supposed to provide mutual benefit aren't they? One party giving up $10k while the other provides nothing in return is not a reciprocative agreement, and I would think that those terms could be considered unconscionable on those grounds.

      Why do you say they got nothing in return? I think they're getting quite a lot of publicity for a meager for $10k.

    10. Re:I would think that... by mark-t · · Score: 1

      My point is that the party that is being paid $10k in this case is not the one providing any benefit to the other party, and any benefit the paying party might receive is arguably simply serendipitous, and certainly not grounds to suggest that the terms are inherently reciprocative.

  5. Re: What a great idea. by Anonymous Coward · · Score: 0

    Whos laughing now?

  6. Vamimma paffte! Vamimma paffte! by Anonymous Coward · · Score: 1

    I'rr take the cuttrefish and aspargus!

    That episode funny only to those who don't read T&C.

    Because if you actually do, which I did, you quickly realize that you CAN. NOT. READ. IT.!
    It is like reading the Necronomicon. You can make the sounds, but the words and sentences make no sense, but to unleash the vile spirits from Hell, Hell & McGill, to torment you for profit.

  7. You would (probably) be surprised by SGDarkKnight · · Score: 2, Interesting

    The most common clause that I've come across is one for photographs. F*ckbook is one that "owns" any photos uploaded to the site. It's actually written quite clearly in the UA. Once I found that out, I started looking more closely at places that asked me to upload photos.

    I was trying to get some large prints made up of some photos that I had taken. Most places will only do up to a certain size in shop; for larger prints, I was asked to upload a copy of the file to their corporate website, the image would be made to the size requested and then sent to the local store for pickup. After reading through the agreement prior to uploading the picture, I found these places all claim to own the picture once uploaded. These were places like Walmart, Costco, Black's Photography... they all had the same clause.

    I know what some of you are thinking... who the fuck cares... for me it was the principle of it. This is my picture, and if by some slim chance I take an absolutely perfect picture that someone wants to purchase, I would risk getting sued because anyplace that I've uploaded it to could claim copyright on it.

    I still skim over UA's or EUA's every now and again. However, I more times than not, I read them... we can always use reading material on the shitter...

    --

    ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    1. Re:You would (probably) be surprised by Anonymous Coward · · Score: 0

      Facebook doesn't own your photos. You've only agreed to give them a license to use them in certain ways. You HAVE to give them a license to use them in certain ways, otherwise they'd be in violation of your copyrights when they store and show your photos to other people. You still retain the primary copyrights to any photos you owned them for before you uploaded them.

    2. Re:You would (probably) be surprised by Anonymous Coward · · Score: 0

      That's actually not true and as yet not fully tested in court. FB owns the rights to anything you upload to their site. They can use it in their advertising, and have done so successfully. You don't know what you're talking about.

      If there had been some ruling that made this not legally enforceable someone would have sued and FB would have been forced to change the EULA by now.

    3. Re:You would (probably) be surprised by Anonymous Coward · · Score: 0

      The standard argument they use is that they need that to display that image across jurisdictions and geographies.

    4. Re:You would (probably) be surprised by Solandri · · Score: 4, Insightful

      Services like Facebook and printing services need to make copies of your photo to provide their service. As such, you have to grant them a limited license under copyright to make those copies. They have to "own" those copies to be able to process / compress / move / store the photos.

      The thing you have to watch out for is services which try to slip in language granting themselves an unrestricted, unlimited license to reproduce and relicense your work. A new free photo hosting service came up recently, and when I read the terms and conditions it said exactly that. Granting them such a license would allow them to sell your photos without your permission nor giving you any royalties. Most services like Google Photos make clear they're not doing this, by including the phrase "for the purpose of operating this service" somewhere. That intentionally limits their right to make copies of your photo to only what's necessary to provide their service.

    5. Re:You would (probably) be surprised by SGDarkKnight · · Score: 1

      Exactly, and the main thing with f*ckbook (unless they've changed their terms recently), they can do what they want with any content you've uploaded UNLESS you delete your account. That's where they get fubar'd trying to use your content... (wait for it)... BUT, if any of your friends have shared it on their page or copied it to their page, now deleting your account won't work... you'd have to get whoever copied it to delete their accounts too! They've basically left the wording so vague, they can do whatever they want, whenever they want, with whatever content you've uploaded. It's way too messed up.

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    6. Re:You would (probably) be surprised by Anonymous Coward · · Score: 0

      First of all NO, they never need to "own" the photo that I (might) upload...only my very strictly limited permission to do what I am requesting/paying them to do with that photo. I don't upload photos or files, period. All are stored on my personal devices and backup media. If I ever did uplaad a photo anywhere it would be clearly marked that it is copyrighted by me.

    7. Re:You would (probably) be surprised by SGDarkKnight · · Score: 1

      You may want to try reading the terms again buddy... Except now it's a bit harder since they have each set of terms linking to other terms and back again. But like I said in my original post, the odds of them coming after joe nobody for a random picture is slim. But there's still the chance.

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    8. Re:You would (probably) be surprised by TFlan91 · · Score: 2

      Permission to use content you create and share: You own the content you create and share on Facebook and the other Facebook Products you use, and nothing in these Terms takes away the rights you have to your own content.

      https://www.facebook.com/terms...

      I hate facebook as much as the next guy, but the OP is a bit misinformed, or facebook has updated their terms

    9. Re:You would (probably) be surprised by MobyDisk · · Score: 1

      They don't say they "own" them, otherwise if you uploaded the picture to 3 sites then all 3 would "own" them. The probably just require you to grant them license to them. They need the rights to print the pictures. Then they sometimes display them on their photo wall, so they need the license to do that.

    10. Re:You would (probably) be surprised by Immerman · · Score: 1

      Not at all. If the terms of use do in fact transfer copyright ownership to them, then the first site you uploaded to would own the pictures, and you would be committing copyright infringement and fraud by uploading those images to the other sites without permission from the copyright holder (the first site).

      Basically, as soon as you transfer the copyright to someone else, it's just as illegal for you to upload a copy of a photo you took, as it is to upload a pirated Hollywood movie.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    11. Re:You would (probably) be surprised by nbritton · · Score: 1

      That's interesting, what if the person who uploads the photo has no ownership rights to it? For example, lets say a high school senior had their picture taken by a professional photographer. The standard clause in a professional photographer's contract is that the photographer owns exclusive rights to the photos. Often however many photographers give the client a digital image and a license that permits them to use it for social media. If facebook then takes a professional photographer's photos that was only licensed to a client and distributes them to others then that is probably copyright infringement.

    12. Re:You would (probably) be surprised by Calydor · · Score: 1

      Just so you know, Slashdot has that exact same boilerplate in their terms and conditions.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    13. Re:You would (probably) be surprised by Anonymous Coward · · Score: 0

      At least in the US, copyright transfer "generally must be made in writing and signed by the owner of the rights conveyed or the owner’s authorized agent."

      https://www.copyright.gov/circs/circ01.pdf (pg. 3)

      Typical BS contract of adhesions don't quality, so your concern is moot. That's why some websites claim an unlimited license as opposed to a copyright transfer. The unlimited license, for their point of view, is just about as useful as the actual copyright itself.

    14. Re:You would (probably) be surprised by rahvin112 · · Score: 3, Insightful

      Yes you own the content. And you give Facebook a perpetual, transferable license to the content to use in any way they see fit.

      So you still own the copyright, but they can use the photo any way they see fit and sell the picture to anyone to use, including commercially. Given that I'm not sure that it's that far off to say they own the photo. They own the rights to use it however they want.

      They haven't done it yet, but mark my words, one of these days someones going to find their baby pictures in some advertising and try to sue and find out that facebook sold it and they gave Facebook the right to do this when they uploaded the photo to them.

      Now costco and all the others the terms are written that you are giving them the rights to copy the photo around in their system and to make hard copies. You aren't giving them control, copyright or ownership, but that isn't true for Facebook. It's a perpetual, transferable license.

    15. Re:You would (probably) be surprised by rahvin112 · · Score: 1

      Deleting your account has no effect on Facebook. They explicitly note they don't actually delete anything and they retain the rights to anything they've already got. Anything you give facebook they will never ever delete (unless you are a european and have the right to request deletion). People should read the TOS more often.

    16. Re: You would (probably) be surprised by houghi · · Score: 1

      If I hand over my car for repairs, they do not need to own it, just a right to process it.

      If i give you a jpg file so you can resize it, you do not need to own it. Not even for a short period. Un fact they could ckearly state that the copyright is yours, as well as any derivative work you asked them to make.

      --
      Don't fight for your country, if your country does not fight for you.
    17. Re: You would (probably) be surprised by SGDarkKnight · · Score: 1

      There is a big difference between handing over a material possession for repair work and clicking on a link that states you read the ToS and agree to give away the rights to digital work you've uploaded somewhere. You are correct, however, these websites could put a disclaimer in stating all the rights still belong to you, but the sites that I've listed above don't do that. Try reading the ToS and EUA's instead of just assuming.

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    18. Re:You would (probably) be surprised by SGDarkKnight · · Score: 1

      From their ToS:

      "3. The permissions you give us

      We need certain permissions from you to provide our services: Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Facebook Products you use.

      You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it."

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    19. Re: You would (probably) be surprised by bill_mcgonigle · · Score: 1

      Your car is not a copyrighted work. There is no need to make a copy of your car to work in it.

      Unlike cars it is illegal for them to make a copy of your image without your permission /license. Even an rsync to the printing machine.

      Don't grant them one and they won't copy/work with your image.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  8. I haven't agreed to anything. by Anonymous Coward · · Score: 0

    Whenever some cunty software author or website forces me to click a button to "accept" their insane, lengthy bullshit, I *only* do so to get the obnoxious garbage out of my view -- I don't accept anythin whatsoever that the wall of text says.

    This world is absolutely packed full of lies and bullshit. I wish the most painful and slow death upon all those who perpetuate this idiocy by, for example, forcing the user to "agree" to miles of text that not only won't be read by anyone -- it's the height of rudeness to *pretend* as if this will be done, is sane in any way, or entitles you to do anything whatsoever. Fuck off. If you can't state exactly what your stupid software is all about in a couple of simple-English sentences, tops, I'm not going to pay any attention whatsoever to it.

    I don't agree to you doing anything whatsoever to me or my computer other than what you advertise that the software is intended to do.

  9. Oh England, never change by SuperKendall · · Score: 1

    It is contrary to public policy to sell children in return for free services

    No UNPAID services... indentured servitude is alive and well.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Oh England, never change by Anonymous Coward · · Score: 0

      As an aside to this story - a note to all the Americans who take trips to 'England' - stay the fek away from Edinburgh ya doaty twats.

    2. Re:Oh England, never change by Anonymous Coward · · Score: 0

      It'd be really stupid to do this in the US, since you'd basically provided a free escape hatch from the contract, as you can't agree to an illegal contract in a legally binding manner.

    3. Re:Oh England, never change by Whibla · · Score: 1

      Pretty much every EULA I've ever read has within it a section that contains the following (or similar):

      "If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. "

      That's on top of provisions that state something along the lines of:

      "The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited or limited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.

      It seems to me, although I'd happily admit I have no idea whether these would hold up in court (a bit like the halting problem, need to run it to see if / when it stops), that they've covered the base you seem so sure of...

    4. Re:Oh England, never change by Anonymous Coward · · Score: 0

      Those things can only have force if I agreed to the contract in the first place.

      You CANNOT agree to an illegal contract. You may claim you did, but you can't actually do it in a legal manner, so those provisions never get to come into force.

      If you ever played Magic: The Gathering, you might remember how the old interrupts worked. It was as if the thing they interrupted simply never happened, until they were fully resolved. Since the full resolution of this interrupt is that the contract is nullified, you can't use a provision in a contract that doesn't exist...to force the contract to exist.

    5. Re:Oh England, never change by Whibla · · Score: 1

      Any chance you could cite the relevant legislation or case law to back this assertion up, please?

  10. FUCK TOSs by Anonymous Coward · · Score: 0

    In more than 99% of all cases where TOSs are used they can be sumed up as so...

    We own the thing
    You get to use this thing at our discretion
    The thing is what it is and you can't change that no matter what you think
    We might change this thing and if we do we will make notice
    You can't sue us cause you used this thing
    We wont sue you cause you used this thing (this is more wishful thinking on my part)

    But that is it. It really is this simple.
    Fuck Lawyers
    Fuck Greed!
    Fuck the im'a sue you mentality.

  11. I wonder how long... by nuckfuts · · Score: 4, Interesting

    that reward went unclaimed? How long was it our there before someone noticed?

    1. Re:I wonder how long... by tomhath · · Score: 2

      23 hours

  12. But lists never work. by Anonymous Coward · · Score: 0

    This alway annoys me with T&C.

    They are like anti-virus software. A black list. By definition always outdated and incomplete.
    A list instead of a formula that encompasses all of it. A black one instead of a white one too by necessity of how our society works.

    Don't fuckin say "Don't make a copy Not via DVD, CD, tape, vinyl, wax cylinder, papyrus, stone slab, nor via hard disk, SSD, Ethernet, Fibre Channel, ...".
    Just fuckin say "Don't make a copy!"

    (Of course this is a bad example, since copyright licenses are by definition self-contradicting nonsense that's incompatible with physical reality, and information/data cannot be consumed without making at least one, if not countless copies. But that requires understanding how a computer works, how the laws of information work, and not having more cocaine-induced paradoid over-confident greed than common sense or morals or qualms or empathy or will to do honest work for the money received.)

    1. Re:But lists never work. by The+Grim+Reefer · · Score: 1

      Don't fuckin say "Don't make a copy Not via DVD, CD, tape, vinyl, wax cylinder, papyrus, stone slab, nor via hard disk, SSD, Ethernet, Fibre Channel, ...". Just fuckin say "Don't make a copy!"

      While I agree with you, the issue is that lawyers are very pedantic. So in the case of software, just stating "don't make a copy" becomes a big issue. Once you put a CD in the drive and install the software, you're copying the data from the CD to the hard drive. Which wold be a problem if you actually want to, you know, use what you purchased. So everything has to be explained in such a way.

      The other issue is that lawyers have to make their money. And since virtually all judges are lawyers too, the system is kinda stacked in their favor. To make matters worse, currently 55% of the senate are lawyers and it was about 40% of the house the last time I checked.

    2. Re:But lists never work. by jpaine619 · · Score: 1

      Don't fuckin say "Don't make a copy Not via DVD, CD, tape, vinyl, wax cylinder, papyrus, stone slab, nor via hard disk, SSD, Ethernet, Fibre Channel, ...". Just fuckin say "Don't make a copy!"

      What about the copies that are made into RAM or your HDD/SSD? There's a reason why they get so specific..

    3. Re:But lists never work. by Anonymous Coward · · Score: 0

      Its pedantic idiots like you who cant reason logically what copy means in context that is the cause of this mess in the first place.

      Every layman ive come across understands the difference between installing and using (a copy of, if you want to stick to that word) some software they bought, and giving a copy to a friend or selling copies for profit.

      You and your ilk is why we cant have good things.

  13. I have a script that adds a button by Anonymous Coward · · Score: 0

    "I decline, and go fuck yourselves!"

    Then I click that.

    The next version will add screenshots to "prove" you never ageed.

    Oh, and your server gave me that web page without any T&C. I just asked nicely (HTTP GET). So I am not bound by any T&C regardig what I do and do not to with that page's data.
    (I could use a voice browser that reads me the text or whatever. Which can't even "display" layout or images.)

  14. Hume purchase docs by ljw1004 · · Score: 1

    When I bought my house, they typically give you an hour or two to read through the closure/escrow documents in their office. I read through every single page and found an error. They said "oh! that's obviously wrong! we've been using this contract for five years now, and you're the first one to have noticed it!"

    (it wasn't anything particularly serious - not a case of them asking for something unreasonable. It was just clearly a nonsensical clause.)

    1. Re:Hume purchase docs by Krishnoid · · Score: 1

      So did they take out the M&M's or not? Don't leave us hanging.

    2. Re:Hume purchase docs by Anonymous Coward · · Score: 0

      When I bought my house, the realtor complained, with the introduction of the internet and the closing of the financial printing houses, that he had to read every page of every deal. When you bought the forms from "Freds Legal Printing", everybody knew what they said and trusted them.

  15. We are bombarded with this shit. by Anonymous Coward · · Score: 0

    We are constantly bombarded with this shit and it changes. Back when I actually had a an eBay and PayPal accounts, every fucking month there was an update. One month those fuckers said, "If you don't agree to this agreement, you automatically agree to it; otherwise terminate your account." - so, I did.

    More and more businesses are forcing people into binding arbitration - arbitration panels filled with their cronies and with no chance for the consumer to get a fair hearing.
    There needs to be a federal law prohibiting forced arbitration.

  16. Send child support checks to... by nbritton · · Score: 5, Funny

    A few years earlier, several Londoners agreed (presumably inadvertently) to give away their oldest child in exchange for Wi-Fi access. Before they could get on the Internet, users had to check a box agreeing to "assign their first born child to us for the duration of eternity." According to the Guardian, six people signed up, but the company providing the Wi-Fi said the clause likely wouldn't be enforceable in a court of law. "It is contrary to public policy to sell children in return for free services," the company explained.

    Haha... Dear company, thank you for assuming the responsibility of raising my offspring, please make child support checks payable to John Smith and send them to 123 Easy St, Anytown, Anystate 12345 USA.

    1. Re:Send child support checks to... by Anonymous Coward · · Score: 0

      I think if you did that the company could turn around and report a kidnapping.

  17. Avoid that company? by Anonymous Coward · · Score: 0

    Obviously they spend their customers' money on frivolous things. Those $10000 have to come from somewhere.

    1. Re:Avoid that company? by Calydor · · Score: 2

      It's called the advertising budget. The moment they paid out that money they got coverage in the news all over the world.

      --
      -=This sig has nothing to do with my comment. Move along now=-
  18. I started such a competition myself long ago... by ffkom · · Score: 2

    admittedly with a prize significantly lower than 10k, but still a valuable prize. But I did not put the text into some "terms & conditions" jungle, but in the monthly reports that I am asked to write by the supervisor of my supervisor, which is "assumed" to be read by everyone reporting to that supervisor. Guess what, so far no winner found my competition text. But I won a lot of time learning how stupid it would be of me to put significant effort into these reports. They just need to fill a page.

  19. We need laws about this. by gurps_npc · · Score: 1

    Ideally, contracts that are not approved by lawyers on both sides need to be vetted and rated by a government lawyer. Any unusual terms would have to be high lighted and moved to a summary in the first paragraph, along with a general grade, from AF.

    Any terms that the government lawyer deems unenforceable or illegal would automatically grant an F. Corporations routinely put in terms that most lawyers consider to be unenforceable as a form of intimidation.

    President Trump's loyalty gag contracts (https://lawandcrime.com/high-profile/trumps-unlawful-gag-orders-and-why-he-cant-handle-the-truth/) are just one example of such tactics. No other President used such terms, and the majority of experienced lawyers state they are a violation of the first amendment (I.E. The government can not prevent speech).

    --
    excitingthingstodo.blogspot.com