01-12-2010, 04:06 PM
Hi,
I'm curious to how a ToS could be made binding in the Netherlands. I suppose that software could include a binding agreement that would have to be signed and notarized and returned to the software company before the product could be activated. That would really kill most software sales, especially of games. The balance between protecting individuals and protecting companies is always precarious, I guess.
--Pete
Quote:Actually ToS have no legal power in the Netherlands, because a judge already ruled that a normal person can not be expected to read through them. Even if that ruling is destroyed, it doesn't work when the person who 'accepted' it was a minor at the time.That's a reasonable attitude, but it probably doesn't matter in this case. If the servers are set up to require authenticators, then authenticators will be required. To change this, the customers will need to sue Blizzard or its parent companies. That suit would have to be brought either in California, France, or where the servers are physically located. If the servers are located in a place that recognizes the ToS, then there's little chance of a suit succeeding.
I'm curious to how a ToS could be made binding in the Netherlands. I suppose that software could include a binding agreement that would have to be signed and notarized and returned to the software company before the product could be activated. That would really kill most software sales, especially of games. The balance between protecting individuals and protecting companies is always precarious, I guess.
--Pete
How big was the aquarium in Noah's ark?