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View Diary: Company slaps $3,500 fine on anyone who writes negative reviews online (159 comments)

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  •  it absolutely is. (1+ / 0-)
    Recommended by:
    Justanothernyer

    there's no right to view a given website, and accordingly the site owner can set conditions for browsing.  

    as noted, the question is whether there was notice of and assent to those conditions.

    •  In re Zappos: (2+ / 0-)
      Recommended by:
      Justanothernyer, exlrrp
      [S]o  far  courts  have  held  browsewrap agreements  enforceable  if  the  website  provides  sufficient  notice  of the  license.
      (quoting a law review article)

      pdf:
      http://digitalcommons.law.scu.edu/...

      So far that's about all I've found on point.

    •  And Major v McCallister (2+ / 0-)
      Recommended by:
      Justanothernyer, grover
      ServiceMagic's site was a browsewrap—i.e., one where users need not "click" to accept the website terms. Instead, browsewraps indicate in some fashion that use of the site constitutes acceptance of its terms of service. Drew, 259 F.R.D. at 462 n. 22; Burcham, 2009 WL 586513, at *2-3. Courts usually uphold browsewraps if the user "has actual or constructive knowledge of a site's terms and conditions prior to using the site." See Southwest Airlines Co. v. BoardFirst, LLC, 2007 WL 4823761, at *5 (N.D.Tex. Sept.12, 2007), quoted in Burcham, 2009 WL 586513, at *3 n. 5 and Hines v. Overstock.com, Inc. 2009 WL 2876667, at *2 (E.D.N.Y. Sept.8, 2009).
      http://scholar.google.com/...
    •  Umm (2+ / 0-)
      Recommended by:
      OldDragon, PeterHug

      If there is no right to view something that is placed in the public domain I'd like to see the law.

      If they want to require a contractual relationship IN ORDER TO VIEW a site, they have to make registration etc a pre-requisite to opening ANY page on that site or using any of the tools it offers.

      If I cannot discover that a contract is required until AFTER I have used something offered without restriction or warning on the open internet, there can be no contract and no conditions.

      Until inauguration day The USA is in the greatest danger it has ever experienced.

      by Deep Dark on Sat Nov 30, 2013 at 11:47:13 PM PST

      [ Parent ]

    •  Except that it isn't browsewrap. (5+ / 0-)

      Note that the current Terms of Use page is titled "Terms of Sale and Use, and Policies" and contains only terms of purchase, shipping, returns, and how to report copyright infringement.

      Note further the wording of the clause in question - which is no longer in their Terms of Sale and Use:

      "Your acceptance of this sales contract prohibits you from taking any action that negatively prohibits KlearGear.com."

      Sales contract.  Not browsewrap terms for use of the site.  Sales contract.

      Economic Left/Right: -7.38
      Social Libertarian/Authoritarian: -8.00
      Two steps to the right of Trotsky.

      by jvance on Sun Dec 01, 2013 at 12:10:04 AM PST

      [ Parent ]

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