Ninth Circuit Rules ToS Change Requires Notification

The ruling was made on appeal, Ars Technica has the full story. Legal experts are already suggesting this ruling would override terms of service that try to waive any requirement of notification, explicitly. I was encouraged to see the reporting of some sites already taking pro-active steps around notification, even before this ruling.

What I liked best is that some sites are even treating a change like a whole new ToS requiring acceptance. I hope that implication is that this is also an opt-out window if the user feels the change is not acceptable. The more these sorts of on-line click-licenses operate like real contract’s, requiring consent of both parties, the better.

Now, if only we could address some of the boundary issues, that these agreements are impermeable in the sense that to even preview or sample a site or service, you have to agree.

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