Those are still terms and conditions!
Had it simply read "You may use this site for any purpose." or "You may use this site." or "You may use this" or "This can be used." it would have the same level actual restriciton in that you obviously aren't allowed to use it to break the law regardless of what it actually says.
And, having typed all that, I realize that there is another restriction in that it presumes that there is a 'you' using it. Things that are not 'you' cannot use it given that it specifically lists 'you' in the referenced parties. "This can be used" would be more permissive.
A sure sign of a legal team or possibly an entire legal system having lost the plot. Hopefully only the former.
https://gist.github.com/kemitchell/fdc179d60dc88f0c9b76e5d38...
My guess is that this is so they can ban any drug dealers from their site without consequence. "They violated our terms of service your honour!"
Perhaps not. The law, as automatically applied, often include implied warranties.
It should be called bare-termsandconditions or minimal-termsandconditions.
DO WHAT THE FUCK YOU WANT TO PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. You just DO WHAT THE FUCK YOU WANT TO.It unintentionally demonstrates the limits of individual agency to avoid legal embroilments
That is to say: it doesn’t really matter what this person puts on their website because there is a judge and a sheriff somewhere that can force you to do something that would violate the things you wrote down because the things you wrote are subordinate to jurisdictional law (which is invoked as you point out)
It’s actually pretty poetic when you think about it because the page effectively says nothing because it doesn’t have content that the license applies to
If it’s a art piece intended to show something about licensure all it does is demonstrate the degree to which licensure is predicated on jurisdiction
I’m pretty sure this is already questionable in the EU.
There you go.
p.s. quick fix is "stop being lazy and move the single html off cloudflare"
The Zen Koan of T&C's.
that this site definitely
does not, legally
Last updated: never
No further pages. No hidden clauses.
> 8. You are responsible for what you do, what you build, and what follows from either.
Or is this somehow meant to mean something else but worded so badly it can't be understood.
I've heard of large organizations reaching out to places who use amateur T&Cs and licenses, saying "if we give you $X, can you dual license this as MIT, Apache, BSD, or hell anything standard?".
> Access is not conditioned on approval
Is this obvious enough legalese to not waste tens of thousands of dollars in legal fees if you get sued?
Note before you reply: I will not argue with you about how obvious it is. If you are actually a lawyer then it'd be interesting to hear your guidance, which I very much understand is not legal advice. If you're not a lawyer then I'm not.
I practice law in California. I've written terms of service that many, many people here on HN will have agreed to. I read this line and didn't know what it meant, or what it intended to mean.
That said:
> If you are actually a lawyer then it'd be interesting to hear your guidance, which I very much understand is not legal advice. If you're not a lawyer then I'm not.
There's no good way to validate lawyerdom on public social media like HN. And while the average lawyer probably remembers enough from law school or bar exams to know slightly more about Web terms of service and legal drafting than the average person, there's nothing to stop non-lawyers from reading up and learning. Eric Goldman's Technology & Marketing Law Blog is a great, public source covering cases on ToS and other issues, for example.
The Bar monopolizes representation within legal institutions. Don't cede the law itself to lawyers.
The dumbest person can be right, but as a lawyer, your guess is much better.
I don't cede the law. It's just that if I find this unclear, then J Random Hn commenter's opinion wouldn't reduce my risk.
I won't be acting based on your opinion either, of course, but the quality of your reply is clearly in a different class from the other two.
Good. Don't. Because it is exceedingly plain, if concise, English.
Did you see the actual lawyer saying they don't know what it means?
In any case, (a) it's not a request, and (b) if you truly want to control the narrative, then perhaps you should just do that from your own blog.
Of course even better is to simply have no explicit license, especially for something like code. Normal people can assume they can do whatever they'd like (basically, public domain). Lawyers will assume they cannot. The only thing stopping someone is their own belief in their self restrictions. i.e. you can use the thing if and only if you don't believe in my authority on the matter.
This is a terrible take. All it takes is a litigious jerk, and you could get bankrupt. And that jerk will be legally in the right.
Consider the war on drugs. Recreational marijuana is still highly illegal everywhere in the US, but there's businesses selling it that operate in plain view. How did we get there? Because people continued to point out how the law delegitimized itself until enforcement has started to become impossible.
This is a terrible take. All it takes is an angry mugger, and you could get killed.
That's why your analogy doesn't work.
"Often one generation values things much more than others. Boomers and their wristwatches. One generation is like 'only from my cold dead hands,' the others 'what would I even need this for?!' What are examples of things the youngest generation did away with?"
If OP were a checklist, the answer would have checked every point.
Eventually, they wound up selling tickets to the match, and donated the proceeds to charity.
Now that's a civilized way to conduct a lawsuit.