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The New Price To Play: Are Passive Online Media Users Bound By Terms Of Use, Woodrow Hartzog
The New Price To Play: Are Passive Online Media Users Bound By Terms Of Use, Woodrow Hartzog
Faculty Scholarship
When individuals turn on the television, listen to the radio, or purchase newspapers, they are not forming contractual relationships. Yet, almost without exception, online readers, viewers and listeners are required to enter into "terms of use" contracts. These ubiquitous agreements are generally unfavorable for the user in areas of intellectual property rights and privacy. In addition, the terms often restrict users' behavior and their ability to litigate any disputes with a Web site. In analyzing the implications of contracts for Web site users, this article examines whether courts have recognized a distinction between online consumers, interactive users, and "passive media …