2012-04-22, 10:25 PM
MrTouchnGo Wrote:http://www.linkedin.com/answers/law-lega...07-9749629
Now I'm confused.
Well for one, the answer there clearly states it should not be taken as legal advice.
Try looking for more relevant info that actually cites references you can more thoroughly vet and research;
http://en.wikipedia.org/wiki/Contract
Oops, skipped over a link I meant to add;
http://en.wikipedia.org/wiki/United_States_contract_law
Refer to the requirements for "Consideration", specifically as it applies to asking someone "not" to do something, in exchange for something else. Considering you can download the client and extract the WZs without ever agreeing to the TOS, http://en.wikipedia.org/wiki/Specht_v._N...tions_Corp. is also relevant.
http://en.wikipedia.org/wiki/Terms_of_service#Violation
And of course, the one known case of it actually going to suit;
http://en.wikipedia.org/wiki/Sony_Comput...eorge_Hotz
Even in this case breach of contract was a laughable addition that never saw the light of trial. The DMCA violations were the real threat because in order for breach of contract to succeed you have to prove injury and the only thing you can obtain from it in most circumstances is what you can fairly prove to have lost due to the breach.
It's not having what you want - It's wanting what you've got.

