My main issue with the idea of the T&C being legally binding is the assumption that the person who used the system is the same person who agreed to the Terms and Conditions, or even that they agreed to the Terms and Conditions at all!
Take the recent Flash Player click-jacking fix. If a website used click-jacking to get someone to click "agree" on a T&C dialog they never see, are they still bound by it? Bigger picture again for a website, how can you actually legally prove that someone has ever agreed to your T&Cs? Without some piece of user identifiable information replacing the simple click action, this is impossible. Gk. Gregor Kiddie Senior Developer INPS Tel: 01382 564343 Registered address: The Bread Factory, 1a Broughton Street, London SW8 3QJ Registered Number: 1788577 Registered in the UK Visit our Internet Web site at www.inps.co.uk The information in this internet email is confidential and is intended solely for the addressee. Access, copying or re-use of information in it by anyone else is not authorised. Any views or opinions presented are solely those of the author and do not necessarily represent those of INPS or any of its affiliates. If you are not the intended recipient please contact [EMAIL PROTECTED] ________________________________________________________________ Welcome to the Interaction Design Association (IxDA)! To post to this list ....... [EMAIL PROTECTED] Unsubscribe ................ http://www.ixda.org/unsubscribe List Guidelines ............ http://www.ixda.org/guidelines List Help .................. http://www.ixda.org/help
