> The questions about whether such contracts should be something that even can be offered, or whether simply clicking through a EULA or accessing a bit of content can bind one to a contract, or the nature of what such a contract may be allowed to be, are all separate matters of interesting discussion.
But you can't accept a contract just by visiting the site. Especially since the in the same action as becoming aware of the exist of the contract also makes you breach the contract.
> However I don't foresee any world arising in which the "the purpose of a user agent is to display me what I want to see and therefore any manipulation of the content other people own the rights to is within my rights" is going to hold up.
Why? This has always been the purpose of the user agent and it's difficult to impossible to actually make sure things will always look the same in all browsers. Could viewing a site in FireFox or Edge become illegal? Again, how would I know that _before_ taking the action. What about systems such as links2, w3m, elinks, and lynx?
> f you rewrite the terms of the contract, you have to account for the other side of the contract reacting to it, not just passively sitting back and going "Oh, gosh, I guess I'm stuck then, I'll just keep doing what I'm doing without changing anything."
Which terms? The UA has always been the agent of the user, not the site whose content is being displayed.
I just find it very difficult to believe that the court will accept that I've broken a "contract" I can't know exists without breaking it.
But you can't accept a contract just by visiting the site. Especially since the in the same action as becoming aware of the exist of the contract also makes you breach the contract.
> However I don't foresee any world arising in which the "the purpose of a user agent is to display me what I want to see and therefore any manipulation of the content other people own the rights to is within my rights" is going to hold up.
Why? This has always been the purpose of the user agent and it's difficult to impossible to actually make sure things will always look the same in all browsers. Could viewing a site in FireFox or Edge become illegal? Again, how would I know that _before_ taking the action. What about systems such as links2, w3m, elinks, and lynx?
> f you rewrite the terms of the contract, you have to account for the other side of the contract reacting to it, not just passively sitting back and going "Oh, gosh, I guess I'm stuck then, I'll just keep doing what I'm doing without changing anything."
Which terms? The UA has always been the agent of the user, not the site whose content is being displayed.
I just find it very difficult to believe that the court will accept that I've broken a "contract" I can't know exists without breaking it.