Comment TOS = CYA = BS = WTF - The way of the world... (Score 1) 285
There will always be Terms of Service that have the appearance, or even in some cases the effect, of an overbearing, overly invasive limiting intrusion on things the general public consider to be inalienable freedoms...
Some of these scary statements contained within TOS' are generally unenforcable or practically unmanageable. Others may very well be invasive and violating (if they are ever applied).
Companies will ALWAYS stretch the boundaries of the law and general acceptability with their terms, as it is their frontline of defense in the CYA (Cover your arse) battle with lawyers and regulators.
VOIP COs like Vonage have already been forced into capitulating tax monies and other regulations normally only intended for POTS services and Telcos - because the lobbying groups and political machines are hard at work trying to protect the status quo: phone taxes and regulations to generate such taxes are REVENUE. When states, localities, businesses and governments at large stand to lose revenue, they fight tooth and nail.
Back to the TOS issue: It is far easier to accept an agreement, even an unfavorable one, to use services such as VOIP. The same can be said for a lot of different things: credit cards, insurance policies, parking garages (who say they are't responsible if your car gets trashed while you park with them), or those bast*rds at the mobile phone companies (2 years???).
Our main defense as consumers is to boycott products whose Terms we do not agree with -- however that approach is more theoretical than practicable. If that approach worked, who among us would agree in every EULA that the software company wasn't responsible for anything its software did -- And further that their software wasn't guaranteed to do ANYTHING or be fit for any purpose?
I would look to organizations similar in nature to the ACLU and others to eventually have to sue entities or engage in other legal remedies to force a change in the way these agreements are handled.
I have Vonage, and I read the agreement... I doubt I will ever get 'violated', but it sure isnt a great feeling to know I am not by default 'protected'.
Some of these scary statements contained within TOS' are generally unenforcable or practically unmanageable. Others may very well be invasive and violating (if they are ever applied).
Companies will ALWAYS stretch the boundaries of the law and general acceptability with their terms, as it is their frontline of defense in the CYA (Cover your arse) battle with lawyers and regulators.
VOIP COs like Vonage have already been forced into capitulating tax monies and other regulations normally only intended for POTS services and Telcos - because the lobbying groups and political machines are hard at work trying to protect the status quo: phone taxes and regulations to generate such taxes are REVENUE. When states, localities, businesses and governments at large stand to lose revenue, they fight tooth and nail.
Back to the TOS issue: It is far easier to accept an agreement, even an unfavorable one, to use services such as VOIP. The same can be said for a lot of different things: credit cards, insurance policies, parking garages (who say they are't responsible if your car gets trashed while you park with them), or those bast*rds at the mobile phone companies (2 years???).
Our main defense as consumers is to boycott products whose Terms we do not agree with -- however that approach is more theoretical than practicable. If that approach worked, who among us would agree in every EULA that the software company wasn't responsible for anything its software did -- And further that their software wasn't guaranteed to do ANYTHING or be fit for any purpose?
I would look to organizations similar in nature to the ACLU and others to eventually have to sue entities or engage in other legal remedies to force a change in the way these agreements are handled.
I have Vonage, and I read the agreement... I doubt I will ever get 'violated', but it sure isnt a great feeling to know I am not by default 'protected'.
