Reply to post: Spot on:

EU watchdog: Govt bods are seeking 'legal knockouts' to dodge transparency


Spot on:

What this article describes has become a pervasive practice in the US. The subordinate party in any agreement (and in IT the take it or leave it nature of the transaction gives the service provider de facto dominance) there are provisions that have the following legal effect when put in plain English:

This agreement takes precedence over other rights and conditions afforded you by law or prior agreement,

and my own favorite

We have the right to change the agreement at any time without notice.

The crux of the legal problem is that such "agreements" violate the basic principles of contracts. They are inherently extortionist in nature. This puts the courts in the bizarre and untenable position of enforcing extortion.

Imagine what Hitler could have accomplished with this kind of arrangement and a populace with its collective nose buried in their smart phone.

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