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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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He DID NOT get to distribute the data | 559 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
He DID NOT get to distribute the data
Authored by: cjk fossman on Thursday, January 17 2013 @ 04:07 PM EST
Thanks for posting the link.

It seems his actions, or intended actions would not have been in accord with
JSTOR terms of service.

Proving Mr. Swartz agreed to those TOS is another matter, however. If I need
users to agree to TOS on my web applications, they need to create a userid with
a reasonably strong password and agree via checkbox to accept the TOS. That's
because I want to have reasonably solid proof that the user agreed to the TOS.

TOS statements to the effect that "you agree to these TOS by using the
site" are not enforceable.

[ Reply to This | Parent | # ]

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