[OSM-legal-talk] Houses of cards

[rob at robmyers.org]

Quoting Frederik Ramm <frederik at remote.org>:

>> Nonetheless, browse-wrap contracts _can_ potentially be valid if done
>> right
>> (http://www.ecomputerlaw.com/articles/show_article.php?
>> article=2006_clickwrap_and_browsewrap_agreements - hey, written by
>> a lawyer).
>
> Yes, and "doing them right" includes, as the very first thing listed
> on that page:
>
> "It starts with reasonable notice. You want these online agreements
> to be as obvious as possible. If you decide to use “browsewrap,” the
> “Terms and Conditions” link should appear on every page and your
> websurfer shouldn’t have to scroll down to see the link."
>
> Now since we assume A to be evil, A will certainly publish the data
> without any notice whatsoever about a contract that you are supposed
> to enter by browsing. The result is that B who browses A's offerings
> can never ever become party to a contract he doesn't know anything
> about.

And in the absence of any rights which can be denied to B if they fail  
to enter into a contract, there is nothing that can be done about this.

- Rob.