Comments on: TOS Violation as Federal Crime http://www.killtenrats.com/2008/05/17/tos-violation-as-federal-crime/ a group of adventurers on an epic quest Mon, 13 Oct 2008 02:18:38 +0000 http://wordpress.org/?v=2.6.2 By: Julian http://www.killtenrats.com/2008/05/17/tos-violation-as-federal-crime/#comment-26538 Julian Sat, 17 May 2008 18:29:30 +0000 http://www.killtenrats.com/?p=1585#comment-26538 I really have a hard time wrapping my head around the idea that violating a TOS is a criminal offense. Civil, maybe. A breach of contract, sure. Criminal is a bit far. I really have a hard time wrapping my head around the idea that violating a TOS is a criminal offense. Civil, maybe. A breach of contract, sure. Criminal is a bit far.

]]> By: Rog http://www.killtenrats.com/2008/05/17/tos-violation-as-federal-crime/#comment-26532 Rog Sat, 17 May 2008 13:53:12 +0000 http://www.killtenrats.com/?p=1585#comment-26532 Yeah, this was a horrible precedent to set, even just the indictment itself, regardless if it fails. There's been this subtle shift in the past decade, I'll even say it has roots a little longer, where 'crime' is going past direct cause and effect and beginning to also be determined from correlating sources (I could drag the DMCA into this too). Actually causing someone's death should be a crime, being a factor in why they're depressed enough to commit suicide should not be even considered for indictment. It's shameful for sure, but that's taking the desire to punish too far. It's all so big-brother-ish to me. Orwell was just off by a few years. What's next? Prosecuting on intent-only in an overzealous way to stop crime before it happens? This is the very idea of thoughtcrimes. 15 years ago, a TOS wasn't even considered remotely a legal document. It could say all it wanted, but the only parts enforceable were the ones that already matched existing laws. It should be impossible to sign your rights away this way. Yeah, this was a horrible precedent to set, even just the indictment itself, regardless if it fails.

There’s been this subtle shift in the past decade, I’ll even say it has roots a little longer, where ‘crime’ is going past direct cause and effect and beginning to also be determined from correlating sources (I could drag the DMCA into this too). Actually causing someone’s death should be a crime, being a factor in why they’re depressed enough to commit suicide should not be even considered for indictment. It’s shameful for sure, but that’s taking the desire to punish too far.

It’s all so big-brother-ish to me. Orwell was just off by a few years. What’s next? Prosecuting on intent-only in an overzealous way to stop crime before it happens? This is the very idea of thoughtcrimes.

15 years ago, a TOS wasn’t even considered remotely a legal document. It could say all it wanted, but the only parts enforceable were the ones that already matched existing laws. It should be impossible to sign your rights away this way.

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