"Terms of Use" vs EULAs

[David Farber <dave () farber net>]

Begin forwarded message:

From: Albert Lukaszewski <alukaszewski () acm org>
Date: June 21, 2009 3:39:50 PM EDT
To: David Farber <dave () farber net>
Subject: For IP: "Terms of Use" vs EULAs

Dear Dave,

In preparing to launch a web service, I have been looking into sites'  
"Terms of Use" with particular regard to database copyright.  Most  
sites tend to render their terms with much the same restrictions and  
framework as EULAs.  However, as far as I can tell, the legal status  
of "Terms of Use" pages are not established.  I am familiar with ProCD  
Inc. v. Zeidenberg, wherein breach of contract was assessed because of  
the EULA involved.  But website terms do not seem to naturally follow  
- particularly when they would be binding on the web visitor (as  
opposed to limiting the liability of the publisher).  Can one truly be  
bound to "Terms of Use" simply by visiting a website? I would  
appreciate your passing this message on to IP in the hope that the  
legal expertise on the list might be able to shed light on this  
question.

Many thanks in advance for your consideration and for administering  
such a helpful list.

Albert Lukaszewski


Albert Lukaszewski, PhD
St Andrews, Scotland

Mit Arbeit kommt gut Glück.




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