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Just to be clear, when I put in a tagline about monetizable content, it is meant in jest and does NOT constitute an acceptance, either partial or whole, of the new, modified TOS.
{Can the above be monetized anyway?}
Hmmmm.
Now will Joseph tell us whether Jothar was ever moser modaah on future modaos.
And will Wolf please tell us if being moser modaah makes you a moser.
Anyway, can you have Terms of Service? Where is the kinyan?
By posting you automatically accept the posted terms. Your alternative is to not post.
By posting now, you by definition accept the current terms.
I happen to know a little about this issue.
In American law, the courts will generally uphold “click-wrap” licenses, where the website forces you to “click” that you accept the terms- even though nobody reads it.
A situation like this one is much more shaky. If it didn’t say anywhere on the screen that there are rules, I would say it is pashut there is no contract.
But it does say “RULES OF THE CR”. So maybe this is different than Specht. Who knows. (What if you clicked on a link from the main page straight to a thread, and never saw the rules? Who knows?)
I was questioning above whether under Halacha there could be a contract, since there is no kinyan. That may have a clearer answer, but I don’t know it.
You don’t click acceptance anytime you buy a MBD music CD either. So you make a bunch of copies?
You don’t click acceptance anytime you buy a MBD music CD either. So you make a bunch of copies?
Copyright is a property right without a contract. It belongs to the author. Music is copyrighted under the statute.
I was referring to a halachic perspective.
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