‘Frack Gag’ Bans Children From Talking About Fracking, Forever

[Kelvin Mace]

34. Agreed,

the most egregious examples around now is shrinkwrap/clickwrap licenses. They have never been tested (to my knowledge) in court. Whenever a case looks likely to get to court, the software company settles with an NDA to avoid the possibility of having their entire scam blow up.

Personally, I would love to test the law from the reverse angle. For example, I would like to print on my checks that says "By cashing this check you agree to be bound by the terms of service found on my website at xyz.com." On my website I would disclaim all the BS terms companies claim I am bound to by simply using their service.

Banks for example tell me that by using their card I am bound by a dozen pages of legalese abridging my rights and imposing junk fees and interest rates that even loan sharks would find objectionable. So, my website would specifically disclaim those terms and substitute my own, more reasonable ones.

I'd love to find a law firm willing to give this a try.