Quote:
Originally Posted by DirtyWhiteBoy
Please do. That would be the icing on the shit cake.
However, at this point we have moved beyond DMCA and are talking about your TOS. Why have terms at all and state you can remove anything for any reason, if you now say DMCA forbids you from following your own terms? That doesn't make much sense.
Your own terms were not taken out of context. 
This was really the reason of this thread to begin with. |
see above post for explaination
TOS does not nor will it supercede the law
if the law says something is wrong, and your TOS says that it ok, your TOS becomes invalid PERIOD.
That how the law works.
imagine a world where TOS supercede the law, you could get with any crime you wanted.
Bury a clause that says you can charge anything you want to a persons credit card, and you could bang a customers card for hundreds of dollars, for a site you advertise as free.
want to commit murder, just put it in your TOS that your allowed to kill them,
fair use would be totally useless, since you could simple TOS any fair use you wanted.
Hell the fair use cases i keep showing you guys prove that TOS can't supercede the law
if TOS could over write the law, then universal could have put a TOS warning at the begining of all their shows, and the timeshifting of that show would be illegal.
If TOS could over writhe the law, sony could have put a TOS on the back of the CD and it would have been illegal to rip them to MP3.
in fact the original microsoft TOS disallowed making copies of Windows 95 and they got sued were forced to change it to "making illegal copies" and had to pay out millions in damages to Americans who had to buy backup for 19.95 from microsoft (something like $75 per person after legal cost were included)