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That's not generally true in practice. Especially when it is marketed to end users as a TOS-violating product and doubly so when it was originally a commercialized product.



You say that, but what is Apple going to sue Beeper for? Tortious interference? That seems a stretch.

In a similar vein: has any maker of web scraping tools been sued by a website? I couldn't find anything.


TOSes are not legally binding so who cares?


What is up with this meme around here? Of course terms of service are legally binding. They're a contract.

It is possible to put unenforceable terms in a TOS, but it's simply untrue that "TOSes are not legally binding."

What do you think is the distinction between a legally binding contract and a TOS?




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