Unfortunately, courts in the US and EU now routinely enforce shrinkwrap and clickwrap licenses on software, and are increasingly inclined to enforce "browsewrap" licenses on web sites. So ToS like "by accessing this web page you agree not to publish any data obtained" is not at all far fetched. Charles Ess, Gove Allen and I have a paper in the works addressing aspects of this. DLB On Aug 14 2007, elw@stderr.org wrote:
Copyright does not let you pick, but what if I include a restrictive license? Someone earlier suggested a "Researchers May Not Research Me" license, for example. How far may "Terms of Service" extend? Even if I do not have password protection, couldn't readers be exposed to a clickwrap license (ToS) on reading my blog?
General consensus among attorneys I know has long been that clickwrap licenses on *software* are questionable. By extension, I believe that such a thing on a blog post would be even more so.
ToS/"don't research me" leads you quickly to the slippery slope down which such themes as "thoughtcrime" lie....
--e _______________________________________________ The Air-L@listserv.aoir.org mailing list is provided by the Association of Internet Researchers http://aoir.org Subscribe, change options or unsubscribe at: http://listserv.aoir.org/listinfo.cgi/air-l-aoir.org
Join the Association of Internet Researchers: http://www.aoir.org/
-- Dan L. Burk Oppenheimer, Wolff & Donnelly Professor University of Minnesota Law School 229 19th Avenue South Minneapolis, MN 55455 ********************************** voice: 612-626-8726 fax: 612-625-2011 bits: burkx006@umn.edu