Opened 6 years ago

Closed 6 years ago

Last modified 6 years ago

#9287 closed project (wontfix)

Could a site "Terms of Use" restrict creating HTTPS-E rulesets?

Reported by: cypherpunks Owned by: pde
Priority: Medium Milestone:
Component: HTTPS Everywhere/EFF-HTTPS Everywhere Version:
Severity: Keywords:
Cc: Actual Points:
Parent ID: Points:
Reviewer: Sponsor:

Description

EFF has already covered the issue of Web site "Terms of Use" which may not always be obvious to site users (see https://www.eff.org/deeplinks/2009/11/white-paper-clicks-bind-ways-users-agree-online-te for example.) In the case of HTTPS Everywhere, an issue to consider is whether accessing a site for the purpose of creating a ruleset or testing a ruleset or assessing whether a ruleset would be useful could violate the "Terms of Use" for a site or whether it is not likely to be an issue. In particular, site "Terms of Use" may contain provisions like the following:

"[site] allows you to view or download a single copy of the material on the website solely for your personal, noncommercial use."

"Except for content you have posted on the Services, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except that you may download, for your own personal use, one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. In addition, you may not use the Services or any content on the Services to construct any kind of database."

Child Tickets

Change History (1)

comment:1 Changed 6 years ago by pde

Resolution: wontfix
Status: newclosed

Terms of service may contain all sorts of crazy language promising your first born children to the site operator. That does not necessarily mean that you agreed to them, that they are theoretically enforceable, or that a court would agree to such an egregious interpretation of a specific clause, in the unlikely event that the matter was litigated and the overall TOS document happened to be an agreed-to and enforceable contract in some specific circumstances.

If we let concerns like this overwhelm us, the Web would not exist today.

Last edited 6 years ago by pde (previous) (diff)
Note: See TracTickets for help on using tickets.