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a hole that could let people not have to obey changes to the TOS?

TigroSpottystripes Katsu
Join date: 24 Jun 2006
Posts: 556
10-02-2007 09:37
would it be possible to have a modified clioent that woudln't show thet TOS update window and would send the server the command telling it "I agree" thing was clicked? and if the answer is yes, is that a legal loophole tha would allow someone to not have to acknowledge any changes on the TOS made after they created their accounts?
Bree Giffen
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Join date: 22 Jun 2006
Posts: 2,715
10-02-2007 09:44
Ignorance of the law is not a defense.
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Victorria Paine
Sleepless in Wherever
Join date: 13 Jul 2007
Posts: 1,110
10-02-2007 09:45
Surely any intentional manipulation of the viewer so as to supress the TOS screen in an attempt to avoid the TOS would also violate the TOS.
Lindal Kidd
Dances With Noobs
Join date: 26 Jun 2007
Posts: 8,371
10-02-2007 09:46
From: TigroSpottystripes Katsu
would it be possible to have a modified clioent that woudln't show thet TOS update window and would send the server the command telling it "I agree" thing was clicked? and if the answer is yes, is that a legal loophole tha would allow someone to not have to acknowledge any changes on the TOS made after they created their accounts?


Let's assume for the moment it's technically feasible.

Then, yes, you could have a client that automatically checked the "I agree" box.

And no, this would not give you any kind of a legal loophole to say, "I never checked the box", because:

1. Use of the service is tantamount to agreement to the TOS, and
2. You are presumably responsible for the software you own. If your client acknowledged the TOS, it did so on your behalf and with your knowledge and consent, and
3. LL can kick you off for a TOS violation, whether you formally agreed to the terms or not.
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Chris Norse
Loud Arrogant Redneck
Join date: 1 Oct 2006
Posts: 5,735
10-02-2007 09:47
Sounds like fraud to me. Anyway you are still saying yes. You are just not reading the fine print now.
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Avacea Fasching
Certified
Join date: 23 Dec 2005
Posts: 481
10-02-2007 09:51
From: TigroSpottystripes Katsu
would it be possible to have a modified clioent that woudln't show thet TOS update window and would send the server the command telling it "I agree" thing was clicked? and if the answer is yes, is that a legal loophole tha would allow someone to not have to acknowledge any changes on the TOS made after they created their accounts?


In the middle of the first paragraph it clearly states:

"By using Second Life, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using Second Life."

So the answer is NO
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
10-02-2007 10:06
Almost a good idea in theory. If Linden Labs makes an offer (e.g., revision in TOS), but you do not accept that offer, then there is no contract and you are not bound by whatever offer Linden Labs is making.

However, in this case, you know that connection through the client is the means by which Linden Labs communicates its proposed changes in TOS, and you are intentionally evading it. That means you are not just an innocent user who is unaware of the offer or who has knowingly rejected that offer. That means you are trying to take advantage of Linden Labs. Courts generally do not reward those who intentionally try to take advantage of others through deceit.
Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
10-02-2007 10:12
Looking for loopholes is almost invariably a waste of time. People can see right through it, and they know that all you are doing is trying to find a way to dodge the rules that everyone else has to live by. You may not like the rules, but they are what they are. Learn to work within them and you'll be a lot happier than if you spend your time looking for every little flaw in them that you think you might be able to exploit.

Plus, like it or not, it's LL's world. If they decide they don't like what you are doing, they have the right to kick you out, regardless of what the TOS says. Realistically, what are you going to do? Sue them? $30,000 to $60,000 worth of legal bills in a case that you would lose as soon as you made the argument that you gamed the system to avoid seeing the TOS so you could pretend that they don't apply to you and break them.
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