[Foundation-l] Info/Law blog: Using Wikisource as an Alternative Open Access Repository for Legal Scholarship

[Anthony]

On Sun, Jun 21, 2009 at 7:17 AM, Anthony <wikimail at inbox.org> wrote:

> (*) Personally, I'm of the opinion that merely accessing a website is not
> sufficient to bind a websurfer to a TOS, and that at most a TOS which you do
> not have to even click "agree" to is a unilateral contract which can only
> impose promises upon the offeror, though this is not a legal opinion but
> merely my opinion of what the law should be.
>

You know what, after further thought I'm going to withdraw that.  First of
all, I think Google does require you to click agree before you can access
the service we're talking about.  But more importantly, I'm going to cast
doubt on my previously held opinion of whether or not a TOS should be able
to bind someone who didn't click on anything.  If I leave a bunch of Apples
on the table at work and put next to it a sign that says "Apples: $.25
each"...  I don't know, I'll have to think about it.