IANAL. It's important to note that not everything in a contract/TOS/EULA is binding. The terms of any contract can be subject to litigation. If I sign a contract agreeing to sell you my kidney for $10,000 that clause of the contact will likely be voided by the courts if either party decided to litigate. There is also the fact the the contract cannot be negotiated, I think lawyer call it the "war of paperwork" AFAIK a contract isn't valid unless the option to negotiate is available. There is more info here - http://www.ReasonableAgreement.org
Does the EFF (or someone like them) handle TOS violation litigation? If not, how can a little one-man shop compete against an entity like Google in court?
Sure, the reasonableagreement people sound cool... but who, specifically, is going to front him the money needed to litigate against MegaCorp?
Comments
IANAL. It's important to note that not everything in a contract/TOS/EULA is binding. The terms of any contract can be subject to litigation. If I sign a contract agreeing to sell you my kidney for $10,000 that clause of the contact will likely be voided by the courts if either party decided to litigate. There is also the fact the the contract cannot be negotiated, I think lawyer call it the "war of paperwork" AFAIK a contract isn't valid unless the option to negotiate is available. There is more info here - http://www.ReasonableAgreement.org
Does the EFF (or someone like them) handle TOS violation litigation? If not, how can a little one-man shop compete against an entity like Google in court?
Sure, the reasonableagreement people sound cool... but who, specifically, is going to front him the money needed to litigate against MegaCorp?
Google may not be able to take action against him, but they can certainly revoke his API key.