> <DmncAtrny> I will write on a huge cement block "BY ACCEPTING THIS BRICK THROUGH YOUR WINDOW, YOU ACCEPT IT AS IS AND AGREE TO MY DISCLAIMER OF ALL WARRANTIES, EXPRESS OR IMPLIED, AS WELL AS DISCLAIMERS OF ALL LIABILITY, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, THAT MAY ARISE FROM THE INSTALLATION OF THIS BRICK INTO YOUR BUILDING."
<DmncAtrny> And then hurl it through the window of a Sony officer
The problem with that argument is that Sony is the one offering the service and the customer is the one using the service. The customer has the right to request changes to the terms of service and Sony has the right to refuse to provide the service if the customer asks for changes to the terms of service. So the customer is at a distinct disadvantage.
The logic makes a certain amount of sense, but the logic falls flat when the service is an actual product the customer paid for and the company decides to change the terms of service after the fact. The logic also falls flat, in my opinion, when the company agreed to provide the service for a fixed term or the service can (reasonably) regarded as essential.
In many cases it's actually the user providing the service (free content which can be monetized with ads) and the website is the one benefiting from it.
IANAL but i think Sony would have had to *first* fully accept the terms initially, and then a brick (or many other delivery mechanisms used to convey "notice") with updated terms i guess would be weirdly acceptable...however, other laws would be broken since its, you know, property damage. But what a story that would be! lol :-)
I hate all these TOS that always favor a company...but what if alot of society started hurling bricks back at tech companies in a sort of retaliation...not unlike Luddites damaging ye old machines?
Do we remember that time that a person altered the terms of a credit card contract and the bank signed it, and then sued the bank for not following those terms and won?
Hmmm… that may only work if they end up using the brick… maybe just send them donuts, corporate hq, stick a long stream of receipt paper in their with your own preferred use-based tos writing small font and faded ink.
> <DmncAtrny> I will write on a huge cement block "BY ACCEPTING THIS BRICK THROUGH YOUR WINDOW, YOU ACCEPT IT AS IS AND AGREE TO MY DISCLAIMER OF ALL WARRANTIES, EXPRESS OR IMPLIED, AS WELL AS DISCLAIMERS OF ALL LIABILITY, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, THAT MAY ARISE FROM THE INSTALLATION OF THIS BRICK INTO YOUR BUILDING."
<DmncAtrny> And then hurl it through the window of a Sony officer
<DmncAtrny> and run like hell