On 14 Aug 2019, at 1:01 AM, William Herrin <b...@herrin.us> wrote: > ... > > I would observe that continued use at that point has been held > > to indicate agreement on your part [ref: Register.com, Inc. v. Verio, Inc., > > 356 F.3d 393 (2d Cir. 2004)] > > In which Verio admitted to the court that they knew they were abusing > Register's computers but figured Register's contract with ICANN gave them the > right. The court would have reached the same decision regardless of > Register's notice: You're abusing computers that aren't yours. Stop it.
BIll - The particular finding from Register v. Verio that is relevant was that a user made aware of applicable terms with each query (even at the end) is sufficient for contractual binding after continued use. > Specht v. Netscape Communications Corp, on the other hand, found that, > "plaintiffs neither received reasonable notice of the existence of the > license terms nor manifested unambiguous assent" to the contract Netscape > offered for the use of their software at download-time, including assent to > settle disputes through arbitration. Register v. Verio was after Specht v Netscape, and distinguished the situation where the user received terms at the end of each response from those cases where a user couldn’t reasonably determine that there were any applicable terms and conditions. > I'll take any bet you care to offer that the latter precedent applies to > casual consumer use of ARIN's whois. That bet is available to you at any time by violating the terms the ARIN’s Whois service, so the question to ask yourself is: "do you feel lucky?” Thanks, /John John Curran President and CEO American Registry for Internet Numbers