Olympic Level Ridiculousness: You Can't Link To The Olympics Website If You Say Something Mean About Them

from the watch-me dept

Fri, Jul 13th 2012 1:31pm — Mike Masnick

For years, we've highlighted the overaggressive nature of the Olympics in over-protecting their intellectual property -- even to the level of getting host countries to pass special IP laws that only apply to the Olympics. But this sense of ultimate entitlement seems to pervade everything that the Olympics does. It was recently noted that the terms of use for the London 2012 website include a restriction on how you can link to the site:

Links to the Site. You may create your own link to the Site, provided that your link is in a text-only format. You may not use any link to the Site as a method of creating an unauthorised association between an organisation, business, goods or services and London 2012, and agree that no such link shall portray us or any other official London 2012 organisations (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. The use of our logo or any other Olympic or London 2012 Mark(s) as a link to the Site is not permitted. View our guidelines on Use of the Games’ Marks.

There are other insane statements in the terms, including that you automatically agree to be "legally bound" by the terms simply by using the site. That's not how a contract works, guys.

Either way, this claim that you can't link to their site in a "derogatory or otherwise objectionable manner" has inspired the creativity of the internet, it appears. Specifically, lots of folks have taken to Twitter to share their own derogatory or otherwise objectionable statements along with links to the website. Asher Wolf and Meredith Patterson have done a really nice job curating some of the insults that are currently raining down on the Olympics for their linking policy. We've included a couple of screenshots (below the fold).

I recognize that there are some other sites who have used this kind of language in the past, and that some overcharging lawyer was probably just trying to set up a "cover their ass" policy for the Olympics, but it's amazing that any competent individual lets those kinds of things out into the world these days without realizing that it's clearly going to create the exact opposite incentives.

And, hell, just for fun, check out this link to an obnoxious organization that loves censorship and doesn't respect free speech. And I say that in a derogatory and objectionable manner.

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Filed Under: censorship, london 2012, olympics, terms of use, uk

115 Comments

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Anonymous Coward, 13 Jul 2012 @ 1:34pm

There are other insane statements in the terms, including that you automatically agree to be "legally bound" by the terms simply by using the site. That's not how a contract works, guys.

I'm sorry, but can you explain how you can use a site without being bound by the terms of use of that site? Please explain, oh great understander of the law.
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Nigel (profile), 13 Jul 2012 @ 1:36pm

2/10
Cus frankly, no one can or should be that stupid.

Nigel
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Anonymous Coward, 13 Jul 2012 @ 1:37pm

Re:
By reading this comment you agree to be legally bound to immediately throw your computer out of the nearest window.
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Anonymous, 13 Jul 2012 @ 1:42pm

Re:
i'm guessing you are a troll. but just in case, for your edification:
1. creating a hyperlink to a site from one's own site and using a site are not legally synonymous
2. unreasonable or unlawful terms of use are not enforceable by law
3. even if we grant that hyperlinking to a site activates the site's terms of use, there is some legal gray area as to whether the terms of use could be binding, whether loading a page in a browser constitutes meaningful consent, etc.
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Anonymous Coward, 13 Jul 2012 @ 1:44pm

Http://london2012.com

The olypics is run by shithead cuntmissiles
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E. Zachary Knight (profile), 13 Jul 2012 @ 1:44pm

Re:
Can you explain how you are bound to the terms?
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Anonymous Coward, 13 Jul 2012 @ 1:44pm

I'm gonna post the shit out of the shitty olympics!
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David Muir (profile), 13 Jul 2012 @ 1:44pm

Re:
I think leaving the question without the snarky addendum might have been more productive.

It is my understanding that a contract has to involve an exchange of value or be signed under seal. In the case of agreeing to terms of use, there has to be an active sign-up process; you're not bound to the terms by merely "visiting" the site. So the semantics of "using" a site might be at issue here.
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:Lobo Santo (profile), 13 Jul 2012 @ 1:44pm

Re: ...
By virtue of this comment appearing on your screen, you (Anonymous Coward) agree to eternal servitude to all persons with user names who have ever commented upon Techdirt.

I will expect you PROMPTLY at 5am to begin weeding my garden. That is all for now, slave.
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Lozine, 13 Jul 2012 @ 1:46pm

Oh man this is crazy. What were they thinking? This is going to bring up so many trolls.
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pixelpusher220 (profile), 13 Jul 2012 @ 1:46pm

Re:
You didn't see what they did there?

They are trying to equate linking to their site with 'using' their site.

It's like saying taking a picture of a bus is somehow riding on the bus. A short bus at that.
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Jake, 13 Jul 2012 @ 1:46pm

On the plus side, public opinion did force them to back down over granting a monopoly on chips to McDonalds. (http://www.guardian.co.uk/uk/2012/jul/11/mcdonalds-olympics-chips)
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:Lobo Santo (profile), 13 Jul 2012 @ 1:47pm

Re: Light bulb!
Google-washing: We can associate Olympics and something else--like "dirty rotten rabbit raping rectal-rogues."
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Kyle Reynolds Conway (profile), 13 Jul 2012 @ 1:47pm

These time honoured games really do bring the public together, don't they?
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:Lobo Santo (profile), 13 Jul 2012 @ 1:49pm

Re: Re: Light bulb!
If enough people do it, when somebody types "Olympics" into Google, they'll get "did you mean "dirty rotten rabbit raping rectal-rogues"? "
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Anonymous Coward, 13 Jul 2012 @ 1:49pm

The Olympics are a waste of money and cause dangerous amounts of increased nationalism and hard feelings when the winners are announced.

And because I never clicked the link to the Olmypic site you can't say I ever agreed to your stupid terms, nor can you say I posted the link to it since other people on this page have.
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Anonymous Coward, 13 Jul 2012 @ 1:50pm

Also, if linking = using then google is bound to every TOU ever
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Anonymous Coward, 13 Jul 2012 @ 1:51pm

Re: Re: Re: Light bulb!
Why yes, that is what I meant!

Thanks Loboogle!
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Mike, 13 Jul 2012 @ 1:51pm

First off, you can accept a contract by action. The exchange of a service, subject to a contract, and your use of a service can be assent to the terms. There's nothing crazy about that.

A website is a service. The materials, features and functionality are not offered unrestricted. Indeed, even techdirt.com has a privacy policy that works as an agreement for use of some information as indicated there. (http://www.techdirt.com/privacy.php)

Is that not an agreement?
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:Lobo Santo (profile), 13 Jul 2012 @ 1:57pm

Re: Also...
"Linking" and "using" are not equivalent.
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temoi, 13 Jul 2012 @ 1:59pm

No Nastia, not watching the craplympics.
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el_segfaulto (profile), 13 Jul 2012 @ 2:00pm

Re: Re:
Done and done...I also threw out my girlfriend who was using it. Don't want to get sued!
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Anonymous Coward, 13 Jul 2012 @ 2:03pm

Re:
How do you agree to a contract that claims to be automatically binding before you even get to the contract?
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MrWilson, 13 Jul 2012 @ 2:04pm

Re:
The more pertinent question is rather: "Is that a legally binding agreement?"

And even if it was, what if someone sent you a tinyurl link and you didn't know what was on the other side of the link? You can't be bound by the terms of a website that you inadvertently visit or else you could be bound by the terms of websites that people embed into other websites without your actual knowledge or agreement.
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jackn2, 13 Jul 2012 @ 2:15pm

Re:
I am doing it right now. it pretty easy. Just use the site, and either don't be aware of the terms or don't agree to them.
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Almost Anonymous (profile), 13 Jul 2012 @ 2:16pm

Re:
Forgive my American ignorance, but what do you mean by 'chips'? French fries, cookies, potato chips, pickles, other?
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davebarnes (profile), 13 Jul 2012 @ 2:17pm

Well, now
Charles Carreon and the organizers of the Olympics have a lot in common as both are douchebags.
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Anonymous Coward, 13 Jul 2012 @ 2:18pm

Re:
They are already in breach of the site owned by CLR. Gotta be one of the most ridiculous TOUs ever seen and one of the most conspiratorial sites out there.

Except that an event I cannot name happening in a town on the river Thames and in the year MMXII has beaten them by several lengths.
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Mike42 (profile), 13 Jul 2012 @ 2:23pm

Re:
I think you mean fries.

Dang furiners! ;)
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Anonymous Coward, 13 Jul 2012 @ 2:25pm

I wish the people at Thundercunts Incorporated would get their act together. I'm sick to death of all their nonsense: threatening flower shops, banning chips entirely (don't call McDonald's's... things chips), and now trying to stop the entire internet from linking to Amalgamated Twatwaffle.

...Anusflakes.
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Anonymous Coward, 13 Jul 2012 @ 2:26pm

Re: Re:
Yeah, only Jesus hating socailists call them chips
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Michael, 13 Jul 2012 @ 2:26pm

Re:
"First off, you can accept a contract by action. The exchange of a service, subject to a contract, and your use of a service can be assent to the terms. There's nothing crazy about that."

They can conjure up whatever TOS they want and nobody's legally bound to them. You are not bound to a contractual agreement simply for visiting a website, just as you cannot be forced to purchase or lease a vehicle just for stopping by a car dealer. Visiting a website does not constitute 'providing a service,' sorry to burst your bubble.
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Non Olympic Marketing Orginization, 13 Jul 2012 @ 2:27pm

Well that working wonders, look at how many links we're getting to our site now !!!
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Rapnel (profile), 13 Jul 2012 @ 2:30pm

Re:
Like this. Idiot.
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Yakko Warner (profile), 13 Jul 2012 @ 2:33pm

Re: Re: Re:
You mean these Jesus-hating socialists?
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Anonymous Coward, 13 Jul 2012 @ 2:36pm

Re:
There has to be reasonable manifestation of user consent to the terms.

Merely browsing the site doesn't come even close to that standard.
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nope not interested, 13 Jul 2012 @ 2:37pm

olympics is a waste
you mean the tremendous waste of public resource funds to build outrageous sporting event venues that will immediately turn to abandoned properties and become over grown with weeds shortly after the cerimony ends? see China's olympic site
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Anonymous Coward, 13 Jul 2012 @ 2:37pm

"By using Techdirt, you expressly consent to the information handling practices described in this notice. Your use of the Techdirt web site and any personal information you provide to Techdirt are subject at all times to this Privacy Notice."

http://www.techdirt.com/privacy.php

Not too different than claim in the article: "There are other insane statements in the terms, including that you automatically agree to be "legally bound" by the terms simply by using the site. "

Now I agree it's quite a stretch to say that linking to the site would cause someone to be bound by the terms, but "using the site" isn't uncommon.
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SujaOfJauhnral (profile), 13 Jul 2012 @ 2:48pm

Olympics are a bunch of http://www.london2012.com/ dickerchip http://www.london2012.com/ shitiots http://www.london2012.com/ drinkin' their poo-poo porridge koo-laid http://www.london2012.com/ in the middle of a shit blizzard http://www.london2012.com/ on planet fuckernaut.
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Michael, 13 Jul 2012 @ 2:50pm

"Don't touch it, don't touch it... Don't even point at it."

That pretty much sums it up. ;)
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Prisoner 201, 13 Jul 2012 @ 2:50pm

Re:
In related news, I have decided to use "Amalgamated Twatwaffle" more in daily conversation.
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Anonymous Coward, 13 Jul 2012 @ 2:53pm

Re: Re: Re: Re:
Yeah those are the ones
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ike, 13 Jul 2012 @ 2:55pm

"in a text-only format"???
What does it mean for a link to be "in a text-only format"??? None of the explanations I can come up with make any sense whatsoever.
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Anonymous Coward, 13 Jul 2012 @ 2:57pm

Re:
Techdit/privacy is saying that when you post things on techdirt and visit it they can do X with the info you have just given them.

They are not restricting your actions or telling you how you can or can not behave.

If they added a clause at the end that said by using this site you are legally bound to give Mike Masnick your first born child to be sacrificed to the gods of piracy would you be looking for a person sized box?
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Michael, 13 Jul 2012 @ 2:57pm

Re:
Yeah but notice how it states "...any personal information you provide," meaning whatever info you willfully impart to Techdirt. You're still not bound to any sort of contractual agreement simply for visiting the website, much less linking to it.
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Kenneth Michaels, 13 Jul 2012 @ 2:58pm

Re: using
The Techdirt policy is very different than the Olympic site agreement. The Techdirt policy basically says, if you use our website, and you give us information about yourself, then you agree that we can use that information as we outline below. In other words, Techdirt says if you don't like what we are going to do with the information you give to us, then don't give it to us (i.e., don't use our site). In yet more words, the techdirt visitor agrees that *TECHDIRT* is allowed to do stuff. The visitor is not agreeing to what the *VISITOR* is allowed or not allowed to do.

The Olympic site, on the other hand, says that if you use our website, then the user agrees to do/not to do certain other things.

Different.
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Anonymous Coward, 13 Jul 2012 @ 2:59pm

Re:
if you can't see the miles of difference in those two statements i dont know what to tell you
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Anonymous Coward, 13 Jul 2012 @ 3:09pm

Re:
Good afternoon, Mrs Carreon
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Kenneth Michaels, 13 Jul 2012 @ 3:12pm

Re: Re: using
Although, action (e.g., use of a website) can certainly be considered acceptance of a contract. It depends on the circumstances.

In the case of the Olympics, I don't think visiting the site would work as an acceptance of the contract. And, in the case of the Olympics, they NEED acceptance of the contract for them to limit the way you link.

In the case of Techdirt, Techdirt does not NEED acceptance (i.e., permission or a contract) in any event. There is more of an argument in Techdirt's case that use of the website is an acceptance, basically because the user can't stop Techdirt from using the information as outlined. And if use doesn't amount to acceptance, then it at least provides notice to the user of what Techdirt will do with information it collects.
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Anonymous Coward, 13 Jul 2012 @ 3:15pm

Re: "in a text-only format"???
Image links? Java/Flash? Who knows? We're dealing with the same caliber of person who thinks that cyber moves through a series of tubes at the speed of light. All we can say for sure is that they have no idea what they're talking about.
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xenomancer (profile), 13 Jul 2012 @ 3:20pm

Re: Re: Light bulb!
Funny, I was honestly just mulling over creating such an association with rabbit flatulence when I stumbled upon your much more amusing rhetoric regarding dirty rotten rabbit raping rectal-rogues. I have to say, if the Olympics and the dirty rotten rabbit raping rectal-rogues work together, their powers combined would be great. Hell, many people are looking forward to the Olympics. I'm not sure I quite understand this as there will be so many dirty rotten rabbit raping rectal-rogues attending. Maybe if other pitch in, more awareness of the dirty rotten rabbit raping rectal-rogues at the Olympics, in London can spread in England.
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xenomancer (profile), 13 Jul 2012 @ 3:21pm

Re: Re: Re: Light bulb!
/doingmypart
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Arthur (profile), 13 Jul 2012 @ 3:22pm

Exactly!
I can't understand how a presumably sane person would think some words on some website could possibly be legally binding on anyone without their express agreement.What a strange life they must lead, complying with all the commands on all the websites.
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Anonymous Coward, 13 Jul 2012 @ 3:24pm

This is not a link to the 2012 Olympics, the 2012 Olympics are not in London, and the people running the Olympics are a bunch of gormless, misanthropic jackanapes.

I couldn't think of anything objectionable to say, so here's something Objection-related instead:
Phoenix Wright: Ace Attorney- Investigation ~ Cornered theme
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xenomancer (profile), 13 Jul 2012 @ 3:26pm

Re: Re: "in a text-only format"???
Well, let's be reasonable and fair: they have many ideas on what they're talking about; it's just that all of those ideas are also very wrong.
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Anonymous Coward, 13 Jul 2012 @ 3:28pm

Re:
In many cases you can access the internet with an appropriate device and navigate to the site using your browser. Most people find it fairly effortless and easy enough to work out.
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alanbleiweiss (profile), 13 Jul 2012 @ 3:29pm

So this is a stupid asshat trend I have seen for years from corporations who think they own the interwebs because they have deep pockets to pay attorneys.

Typically it's left at "you're not allowed to link to us" without referring to make-believe legalese in a site's TOS. It's more often just an email saying - "Remove the link, we didn't say you could do that."

Heck, I got such an email a couple years back - from a company I'd done actual work for, and where I listed their site in my client portfolio. Ha! I laughed in that lawyer's email face.

I don't care what any site's TOS says. If I want to link to their asshat commercially overzealous fascist enterprise's web site, I will.
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Anonymous Coward, 13 Jul 2012 @ 3:31pm

Re: Exactly!
... how a presumably sane person would think...

Courts employ all kinds of weird reasoning.

Unreasonable and oppressive terms of service are not necessarily meant to be enforced: They are instead a special signal to the mob of rabble. The terms purport to prohibit the lower classes from criticizing their elite governors. The governors are not stupid. They recognize fighting words intended to inflame passions. They know they run the risk that the rabble will pelt them with eggs. Indeed, they delight in that risk: It is delicious sport when they grab a few of the bolder ruffians, and crack heads to show who's really boss.
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drew (profile), 13 Jul 2012 @ 3:33pm

Re: Re: ...
Yeah, my windows could do with a re-paint too
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drew (profile), 13 Jul 2012 @ 3:34pm

Re: Re:
"A short, really friggin' expensive bus at that."

FTFY
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drew (profile), 13 Jul 2012 @ 3:37pm

Re: Re:
french fries and thin and crispy, chips are thick and soggy. And generally drowned in vinegar.
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ken (profile), 13 Jul 2012 @ 3:38pm

Re: Re: Re:
If you read this comment you are legally bound to send me all of your Earthly belongings.
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drew (profile), 13 Jul 2012 @ 3:42pm

funniest thread ever
this is relevant to my interests.

And it has swearing.
Lots of swearing about those stupid fuckwads at www.london2012.com
cuntwagons.
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JAson, 13 Jul 2012 @ 3:51pm

Re:
I bet you read the whole EULA when you buy software, don't you.
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PRMan, 13 Jul 2012 @ 4:06pm

Re: Exactly!
So, if my dad obeys everything that Mommy and Daddy Newscaster says, does that mean he's not sane? That makes sense.
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Anonymous Coward, 13 Jul 2012 @ 4:08pm

Re: Re: Re: Re: Light bulb!
Good old xenomancer doing his part to help the children, unlike those corpse fucking pedophiles
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That One Guy (profile), 13 Jul 2012 @ 5:11pm

A good counter:
Would be for someone to use their 'legal tactics' against them.

Set up a site where they can go to complain and file to take down offending sites, and have at the bottom a disclaimer saying that visiting the site makes them legally bound to hand over all profits gained from the Olympics over to publicly chosen charities, while dressed in clown suits(stereotypical clown suits mind, not the one's they're already wearing).
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Anonymous Coward, 13 Jul 2012 @ 5:18pm

Re: Re: Re: Re:
I don't think you'd want my computer, I just threw it out the window.
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hmm (profile), 13 Jul 2012 @ 5:19pm

well
I still don't get why anyone is even bothered about the Olympics anymore.

They've already decided that Poland gets a few golds because they signed various trade agreements with the UK.

China paid �5million to the IOC to win various martial arts sections...

Basically every medal is already decided ahead of time...like Eurovision where countries ignore the songs and just vote for the country they have trade agreements pending...
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TDR, 13 Jul 2012 @ 6:03pm

Re: well
...like Eurovision where countries ignore the songs and just vote for the country they have trade agreements pending...

Maybe we should make the insane goits who thought this up look like the Turkish entry in the Eurovision Song Contest. As if they hadn't made themselves enough of a laughingstock already. Rimmer could do a better job running the IOC than those addle-pated gits with less brains than a mollusk. They're trumped up, farty little smegheads who, if their skin were any thinner, you could see right through it! A group of overzealous powermongers with a Napoleon complex.
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Anonymous Coward, 13 Jul 2012 @ 6:12pm

Re:
fail
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DUMBASS POLITICIANS, 13 Jul 2012 @ 6:23pm

haha
http://www.uha1.com/

ya that aobut says all you need to know
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alanbleiweiss (profile), 13 Jul 2012 @ 6:39pm

Re: Re: well
Wow TDR you're screwed. I think for every additional link within a derogatory framework, the fine is doubled. Glad I only linked to the slimey elitist piglets once.
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DUMBASS POLITICIANS, 13 Jul 2012 @ 6:41pm

just so you know
you dont need visit a site to link to it
and as such you do not have to accept any terms thus

http://www.uha1.com/terms.txt

and a link to olympics is on the site...
suck ass and your limo drivers left nut
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DUMBASS POLITICIANS, 13 Jul 2012 @ 6:47pm

@73 really
so if i put a page with 10000 links that means i owe dem ( bites his pinky and looks at mini me ) a trillion dollars

lol
yea ok sure heres some melted canadian money.....sorry the heat wave n all...
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G Thompson (profile), 13 Jul 2012 @ 10:46pm

Re:
The above "terms" are not legally binding as a contract in common law contract countries (or any other jurisdiction that I know of).

Without going into the legal elements of the intention to create legal relations (contract) believe it that there have been a huge history of hundreds of years specifically stating what is and what is not a contract

These so called unilateral stipulations and terms do not even an offer make.
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Anonymous Coward, 14 Jul 2012 @ 3:58am

London falling...
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Anonymous Coward, 14 Jul 2012 @ 5:09am

Re:
I agree with you, the Olympics are a huge problem and stand completely against what they're supposed to.

The Olympic games in Ancient Greece were supposed to be a period where everyone would put quarrels and rivalry aside and get along a little and compete in an honest and fair manner.
Wars were even supposed to be put on hold for the games!

But today, the olympic federation has turned it into making money. There's little sportsmanship, like you say everyone just wants to win, whether they are athletes or spectators. You hardly hear people say "That country who beat us performed very well! They're really good!"
It's all about winning and making money.

And then of course, there's the abuses of the olympic federation when it comes to enforcing their intellectual property. Shutting down old restaurants with the name "Olympic", stifling free speech, forbidding people from posting pictures of the game online, encouraging governments to all kinds of excesses...

But in the end, the problem is not really with the olympic federation, it's the people: people need to start taking responsibility and boycott the games. People shouldn't watch the games, they should tell their government they don't want their country to host the games, and athletes should refuse to go to the olympics.
It's way too easy to criticize the olympic federation and then watch the games on TV anyway.

But we live in a world where people don't care about anything that doesn't concern them closely. Principles? Nobody has that anymore. So you guys enjoy your rights being violated, because frankly you deserve it.
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Anonymous Coward, 14 Jul 2012 @ 5:20am

Re: Re:
If you're just linking to the site, then you're not using the site. Mike said you could use the site without being bound. I'm asking a question about using a site, not linking it to it. Try again?
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Anonymous Coward, 14 Jul 2012 @ 5:22am

Re: Re:
Nope. You manifest your consent by choosing to use the site. I love how you guys think there are no rules on the internet.
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Anonymous Coward, 14 Jul 2012 @ 5:23am

Re:
I'm sorry, but can you explain how you can use a site without being bound by the terms of use of that site? Please explain, oh great understander of the law.

What's the matter, Pirate Mike? Can't defend yourself? I'll add this to my incredibly long list of debates you ran away from. Why so scared, Mikey? If I'm so stupid, why won't you EVER debate me about anything. For over two years now you've run from every single debate. To me, that only proves that you're in bad faith. Kudos!
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Anonymous Coward, 14 Jul 2012 @ 5:25am

Re: Re:
Nope. But I do understand that a EULA binds me.
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Anonymous Coward, 14 Jul 2012 @ 5:26am

Re: Re:
Brilliant retort! So devoid of substance! That's the par for Techdirt. Complete fucking idiots pretending like they know it all = Pirate Mike and Techdirt Army. Kudos!
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alanbleiweiss (profile), 14 Jul 2012 @ 5:49am

Re: Re:
This brings up another really important point. Everyone always cries "so what - show your support for the individual athletes..." blah blah blah...

Great. Love your athletes. Respect them. Treasure them. But people need to stop blinding themselves to the fact that corporations abuse that position way more than most probably realize.

Case in point - the whole U.S. uniforms made in China debacle that reared it's not-surprising ugly head this week. The initial reaction from USOC staff was the complaints about a desire to help Americans gain employment in current economic conditions that resulted in complaints against the USOC and RL, were bullshit ranting.

Except the complaints and outcry grew too big too fast, and now the USOC and RL have had to back-track, apologize, and vow to change their ways.

They got scared. Well the USOC didn't. RL did. Financially. And the USOC in turn had no choice but to agree that it was important to change their ways. Else other big name designers bail out on lending their name and crappy preppy designs to the USOC's effort.

Corporate greed needs to be dealt with directly - where it matters. Economically. Big corporations like at the Olympics don't want that - they think they can get away with murder because people will end up lowering their voices out of fear of offending the individual front-line troops.

Oh wow - look at that - same concept as war-mongering greedy corporate shill politicians depend on. Yes - that's right - they'll gladly send thousands of soldiers into harms way, with the real understanding that many will die, countless more will be wounded and scarred emotionally and psychologically for life.

And they count on citizens rolling over under the guise of patriotism. Because "if you're not supporting your troops, you're UnAmerican. Or UnBritish or UnCanadian. Or whatever nationality you are.

Well that's all bullshit. Because it just resonates to the fact that we live in sheep-to-slaughter societies around the globe now.

And the only answer that will work to ever change that system, be it with the Olympics or national imperialism, is to take off the politically delicate sensitivity gloves and get real, raw and ridiculously loud about it.
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alanbleiweiss (profile), 14 Jul 2012 @ 5:53am

Re: Re: Re:
bullshit. I am NOT manifesting consent to anything. I'm browsing a publicly accessible presence. If you think you have the right to make up bullshit asshat rules that you want me to consent to, put a wall up. Make me agree to the terms directly, obviously, and without any doubt that I agreed (even if I didn't read the crap).

But there is no way you can claim that I've consented just by reading. That's utter shiny-object nonsense. Grow up.
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Duke (profile), 14 Jul 2012 @ 6:14am

Re:
In English law there's a case called Thornton v Shoe Lane Parking that sort of says you can't impose contractual terms after you've entered into the contract; i.e. by using this site you agree to terms you can't read until you use the site.

Secondly, the UK (via the EU) has all sorts of consumer-protection laws which, among other things, can negate unreasonable terms in contracts - particularly where the contract is one-sided.

Plus you have the broader issues of incorporation of the terms; if they're buried away on some "terms" page, are they actually incorporated into the agreement?

So legally, under English law (where this site is based) there's a good chance the term isn't binding.
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Duke (profile), 14 Jul 2012 @ 6:20am

Re:
The "not allowed to link to us without permission" thing seems to be a deeply-embedded misunderstanding either by lawyers, or by the rest of the world, as to how the Internet works with the law.

I was recently skimming through a book on (English) IP law, and it was suggesting that linking to a site could count as an infringement of copyright (in the site) and that the only way a set of bookmarks would be legal is if you could fit them in the fair dealing for private study exception. And this is the 2010 edition (based on a really dodgy 90s case involving Scottish newspapers).

If that is what lawyers are being taught, it is no wonder they think they can impose conditions when they "license" out the right to link to their sites. Of course, everyone else thinks that linking is just linking; providing a sign-post sort of thing. Only one side can be right...
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Vincent Clement (profile), 14 Jul 2012 @ 6:29am

Re: Re:
Actually, money was a part of the ancient games. The difference was that the money went to the athletes. You won the race, you got money.

The so-called modern olympics turned that around. The money went to the organizers, to the associations, to any body but the athlete.
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Anonymous Coward, 14 Jul 2012 @ 7:30am

Re: Re: Re:
and if I hang fliers all over town that say "By reading this poster, you are agreeing to be legally bound to spend a minimum of $100 at my store?"
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Anonymous Coward, 14 Jul 2012 @ 7:45am

Re: Re: Re: Re:
Damn terms of use!

*spends $100 of imaginary money at your imaginary store*
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Anonymous Coward, 14 Jul 2012 @ 7:46am

Re: "in a text-only format"???
... that you have to use html source code to link to them?

... but that's kind of like requiring swimming to be done in water or thinking to be done by a brain.
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Direwolf, 14 Jul 2012 @ 8:28am

Re: Re:
...You are trolling a site for over 2 years? And I thought I was pathetic.
You act like you are in the middle of a crowded room screaming into a megaphone how everyone but you is stupid, and when everyone else is ignoring you, you claim to have won imaginary "debates". Sorry, this is not how debates work. You can't just claim victory.
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relghuar, 14 Jul 2012 @ 9:50am

"check out this link..."
Very tempting, but I won't. After all the shit that has already been pulled over London 2012 I decided I don't want to even know there's such a thing as Olympics.
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Anonymous Coward, 14 Jul 2012 @ 10:58am

Re: Re: Re:
Because in cases of contract law it must be agreed upon by both parties. You cannot just say that by virtue of a user being on a site that they agreed to terms which were not presented to them before they were able to access the material and have an opportunity to agree or reject the terms.
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Anonymous Coward, 14 Jul 2012 @ 12:58pm

Re: Re: Re: Re: Re:
Then how about the girlfriend?
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Leigh Beadon (profile), 14 Jul 2012 @ 3:03pm

Re: Re:
I'm sorry, but can you explain how you can use a site without being bound by the terms of use of that site? Please explain, oh great understander of the law.

Simple: the site allows you to use it without having ever seen or agreed to those terms - often without them having even been made prominent in any way. And, since the terms are hosted on the site itself, it's impossible to even see them without first making use of the site. That's not an enforceable agreement.
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arcan, 14 Jul 2012 @ 3:14pm

Re: Re: Re: Re: Re: Re:
i think she is no longer his girlfriend if he threw her out the window.
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alanbleiweiss (profile), 14 Jul 2012 @ 3:46pm

Re: Re:
well you can't use a site without being bound by its terms. And did you hear? The terms of this site now include a clause I added, in this comment. Whereby you have, retroactively, agreed to admit you don't understand contract law at all. While most of us don't fully understand it, and therefore, can, from time to time be incorrect, at least we get the core principles of OMGCrazy fake legal claims.

And since you are not among those of us who get that, you are now also hereby required, by virtue of this TOS addendum, to go to law school and only after graduating with at least a 3.95 grade point, will you be allowed to return here.

Yet even then you are no longer permitted, under the terms of this TOS, to ever insult, belittle or otherwise goad Mike the way you have in your comment heretofore responded to by this TOS addendum.
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alanbleiweiss (profile), 14 Jul 2012 @ 3:48pm

Re: Re: Re:
Addendum to the addendum:

To clarify, when I stated "well you can't use a site without being bound by its terms" that was an explicit and otherwise directly implied concept applying only to you, the 2 year troll.
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VMax, 14 Jul 2012 @ 4:45pm

Re: Re: Light bulb!
It's partially working. If you google "dirty rotten rabbit raping rectal-rogues", it comes up with the Olympics.
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Anonymous Coward, 15 Jul 2012 @ 12:13am

Re: Re: Re:
Yes, reminds me of the old days when you'd get new software and the disks were sealed in an envelope. Written on it was "By opening this you agree to the EULA". Where was the EULA? In the envelope of course.
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Belstain (profile), 15 Jul 2012 @ 12:35am

Re:
I wonder if we could petition Google to remove the Olympics from the search results based on this?

"We do not agree to your terms of use, so we will no longer be providing links to your website."
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The Groove Tiger (profile), 15 Jul 2012 @ 12:45am

Re: Re: Re:
I understand that you enjoy being bound.
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The Groove Tiger (profile), 15 Jul 2012 @ 12:47am

Re: Re: Re:
I understand that you like being bound. Not everyone swings that way.
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Anonymous Coward, 15 Jul 2012 @ 6:17am

Re: Re: Re:
Obviously you've never studied contract law, and you have no idea what you're saying. The never seems to stop you from acting like you're an expert, though. I'm happy to bust out the case law and prove you wrong, but what's the point? You'll run away just like Pirate Mike always does. Speaking of Pirate Mike, funny how he doesn't have any time to defend his silly post.
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Anonymous Coward, 15 Jul 2012 @ 7:03am

I fear that this may have been their plan all along. They basically challenged the internet to post links to them, and the internet posted links to them. Think of how much traffic this generated for them!
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TDR, 15 Jul 2012 @ 7:54am

Re: Re: Re: Re:
So why haven't you already, then, AC? Give us all the details, with links to non-entertainment industry sources which corroborate your interpretation of said law. And without a single insult or derogatory remark. If you cannot or will not, your statement is false and your argument invalid. Comply, or provide a complete retraction of everything you have ever said on this site. Now. Any other response, including imitating/parodying this one, will constitute such a retraction because it will show you are unable to provide the information requested.
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Leigh Beadon (profile), 15 Jul 2012 @ 10:27am

Re: Re: Re: Re:
"You're wrong and I have positively OODLES of proof, but I don't feel like sharing it right now. But seriously guys, I'm so right it's almost scary - just bask in the knowledge of my rightness, okay?"
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Anonymous Coward, 15 Jul 2012 @ 2:25pm

Re: Re: Re:
Nope. Passive agreement almost never works to manifest consent to an agreement unless it's contingent on a precedent active manifestation (such as affirmatively agreeing to a Terms of Use that states later updates to said terms can be accepted by continued use of the service). You can't just bury terms on a site, not present them to the user, and state that they are bound to those terms. The users must have a reasonable opportunity to know what they're agreeing to. That's why clickwrap agreements are so important on websites, and why "leaky" ones often fail to be enforceable in court.
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peter, 16 Jul 2012 @ 1:45am

Re:
Perhaps you can explain your legal analysis of how, by using a site, you ARE bound by their terms of use. (With or without expressly agreeing to be bound by them, if that makes your task easier. Your choice)
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maclypse (profile), 16 Jul 2012 @ 4:02am

Re: Re: Re:
Ever received one of those legal bullshit e-mails from a law firm like Johnson, Pecker and Dickins? They all state at the bottom that "by receiving this e-mail you are legally bound to keep it confidential and bla bla..." It's bullshit in an e-mail, and it's bullshit on a website. You don't get to form a contract just because someone reads a sentence. The law doesn't doesn't work that way in any country I know of (well, maybe the US, but the US is weird.)

Even if reading a sentence would magically form a legally binding agreement, I'm not so sure it's actually legal to form a contract that takes away people's rights to free speech in most countries. I know that in Sweden, it's actually impossible to sign away your rights, so in my country all of the legal bullshit on the olympic website is worth precisely dick.
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Anonymous Coward, 16 Jul 2012 @ 4:11pm

Re: Re: Re: Re:
> Obviously you've never studied contract law

I have. Got a law degree, passed the bar, practiced law for a living, the whole nine.

Beadon's right, and you and the 2012 Olympics are full of shit.

Where did you get *your* law degree?
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Lurker Keith, 16 Jul 2012 @ 9:08pm

Ken at Popehat has picked up on this
Ken at Popehat is back from Vacation, & after a post about his vacation, touched on this... Well, the McDonalds "Chips" thing, which appears to be getting rolled back, but then someone told him about the linking & this was added to the end of Popehat Sponsors Summer Bronze, Silver, and Gold In London. Want Chips With That?:Edited to add:Thanks to Anthony, who told was (sic) I assumed was a joke, until I realized it was true: check out the Terms of Use of www.london2012.com:
5. Linking policy

a. Links to the Site. You may create your own link to the Site, provided that your link is in a text-only format. You may not use any link to the Site as a method of creating an unauthorised association between an organisation, business, goods or services and London 2012, and agree that no such link shall portray us or any other official London 2012 organisations (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. The use of our logo or any other Olympic or London 2012 Mark(s) as a link to the Site is not permitted. View our guidelines on Use of the Games' Marks.
Hey London2012: I intend this to portray you in a derogatory and objectionable manner.

Guess I should submit this due to the McDonalds Monopoly on "Chips" being backed down from...
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Lurker Keith, 16 Jul 2012 @ 9:31pm

Re: Ken at Popehat has picked up on this
Having actually read the Guardian article now, the Olympics are just backing down from the forcing the Caterors feeding Olympic employees to follow the "Chips" ban. Apparently, Olympic Employees got tired of McDonald's fries to the point they started complaining to the Caterors.

You'd think if the empoyees are complaining, they'd make the connection that the masses won't like it any better. Idiots.
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Anonymous Coward, 18 Jul 2012 @ 6:08am

Re: Anonymous Coward
My "use" of the techdirt site did not occur when I clicked the url. My "use" occurred when I decided to respond to your post. Now, even though I'm another Anonymous Coward like yourself, I have agreed to to be bound by the terms. But not one moment before I hit this submit button.
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