Topic: Contracts can't be changed online without notice, court rules  (Read 925 times)

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Offline Nemesis

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Link to full article

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July 27, 2007  (Computerworld) -- A federal appeals court has ruled that companies can't change their contracts and post those revisions online without notifying customers first.


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According to the court documents, Douglas signed a contract for service with America Online. The business was then acquired by Talk America, which continued to provide telephone service to AOL's former customers. However, Talk America changed the contract AOL had with its customers and posted those changes on its Web site without notifying the customers first.

The company added several provisions, including an increase in prices, an arbitration clause and a class-action suit waiver.


Hopefully this will stand up and be applied to software EULAs. 
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Offline Just plain old Punisher

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Re: Contracts can't be changed online without notice, court rules
« Reply #1 on: July 30, 2007, 05:52:36 pm »
What needs to happen is simple: The contract needs to be cancelled....and THEN renegotiated. Forget this notification crap and automatic renewal crap.

If either party wants to change the contract, then it needs to be cancelled first.


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Offline Nemesis

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Re: Contracts can't be changed online without notice, court rules
« Reply #2 on: July 30, 2007, 06:51:11 pm »
The contract needs to be cancelled....and THEN renegotiated.

Of course there needs to be a cancellation clause or a mutual agreement to cancel.
Do unto others as Frey has done unto you.
Seti Team    Free Software
I believe truth and principle do matter. If you have to sacrifice them to get the results you want, then the results aren't worth it.
 FoaS_XC : "Take great pains to distinguish a criticism vs. an attack. A person reading a post should never be able to confuse the two."