Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Ms. Toad

(38,607 posts)
37. Antipiracy laws are different from breaching the TOS.
Sun Jun 23, 2013, 02:56 PM
Jun 2013

TOS on a website are really just a contract. If you don't comply, the owner can haul you into court in a civil case - and the owner would need to establish that the contract entered into by the website visitor (and it takes more than most website owners do in order to create a binding contract). DU does with respect to its members, but not with respect to visitors - for example. Members have to accept certain terms in order to use the website. Visitors, on the other hand, have to go hunt for the TOS and never actively agree to abide by them. Generally that is enough to keep courts from finding a contract exists.Adblocking is more of an ethical issue, or a TOS issue, than one of piracy. If the TOS prohibits members from using adblocking software, the owner could boot them from the site.

There is an ethical debate about the relationship between ads and content on places like Spotify - for example - where Spotify pays the content owners a royalty for their works which they can legally share with their members, and expects to earn enough money from the ads to pay those royalties. Some people believe the price for the "free" music is to view the ads, and that it is unethical to listen to the music while blocking the ads that pay for it. (And - of course if the Spotify TOS prohibit ad blocking, because the owners have guaranteed their advertisers so many views, they can kick you off the service if you are using adblocking software.)

There are things you can do on a website which might be crimes (none of which have anything to do with the TOS)

  • copying and selling someone's work (images or text, for example) of a certain value can fall under the criminal copyright infringement provisions (but that has nothing to do with TOS).
  • accessing copyright protected content via a website designed to circumvent protective measures taken by the owner (this area of law is not settled yet)
  • Intentionally damaging someone else's computer via the internet or using access to the computer to commit fraud or extortion (this is the law Lori Drew was charged under - with the conviction vacated for essentially the reasons I noted above - TOS is a contract, and a breach of contract isn't criminal). The later attempts to criminalize behavior like hers had to do with criminalizing cyberbullying, not with making a violation of TOS a criminal offense. In other words, violating TOS still wouldn't be a criminal offense - but cyberbullying might be.


Recommendations

0 members have recommended this reply (displayed in chronological order):

A federal crime to call you a freeper? Generic Other Jun 2013 #1
Good thing it's not, eh? MiddleFingerMom Jun 2013 #15
Not the graphic I was expecting. bunnies Jun 2013 #2
Watch for my NEXT post!!! MiddleFingerMom Jun 2013 #4
lol. bunnies Jun 2013 #7
Fortunately, MFM does not post this over in the lounge... madinmaryland Jun 2013 #9
omg! lmao! bunnies Jun 2013 #10
My eyes, my eyes!!!! nadinbrzezinski Jun 2013 #11
Well, he really fooled me with his 'Moons Over My Hammy' post pinboy3niner Jun 2013 #12
Is this our average DU member? flamingdem Jun 2013 #13
That ain't NUTHIN'!!! Back in the day, G. Gordon Liddy held me captive without legal precedents... MiddleFingerMom Jun 2013 #16
Oh, get out of there.. ismnotwasm Jun 2013 #26
What do you have against clams? rug Jun 2013 #20
lmao. bunnies Jun 2013 #22
Oh, holy shit. I'm not going to ever be able to get that out of my mind. Nay Jun 2013 #30
All I can think of is David Peel ismnotwasm Jun 2013 #3
Here ya go... pinboy3niner Jun 2013 #6
I didn't think that was the one! ismnotwasm Jun 2013 #14
K & R !!! WillyT Jun 2013 #5
We're all outlaws in the eyes of America. johnp3907 Jun 2013 #8
Most excellent jsr Jun 2013 #17
K & R malaise Jun 2013 #18
Hmmm ...Didn't The Fugs do that song? L0oniX Jun 2013 #19
. rug Jun 2013 #21
David Peel ismnotwasm Jun 2013 #24
Off-topic on the Fugs Generic Other Jun 2013 #32
"I just got to keep swimming in the shit" L0oniX Jun 2013 #33
I suppose I am on other people's lists too Generic Other Jun 2013 #34
Is that a shit list? L0oniX Jun 2013 #35
I must be on a bunch of DUers' shit lists Generic Other Jun 2013 #36
My guess about all this 90-percent Jun 2013 #23
K&R! pacalo Jun 2013 #25
Definitely me.... daleanime Jun 2013 #27
As to the middle example - Ms. Toad Jun 2013 #28
They were trying to make it so JoeyT Jun 2013 #31
Antipiracy laws are different from breaching the TOS. Ms. Toad Jun 2013 #37
Who says you need to commit a crime to go to jail? davidn3600 Jun 2013 #29
Latest Discussions»General Discussion»UP AGAINST THE WALL, MOTH...»Reply #37