Epsilon: how do you figure?
I cannot see any reasonable need for a business -- online or off -- to reserve the right to unilaterally change its contract -- notice posted or sent to the
other party or not. In fact, I would argue that the very idea is against the whole concept of a binding contract. It's asinine. And business can thrive
-- and has -- without that particular clause.
The key point under contention, as I see it, is the contract -- not whatever the contract was about (in this case video rental history, it appears). One could
argue -- and would be correct, I'd say -- that if you don't like the "you can't sue us" clause, you shouldn't agree to the contract
with them in the first place. But regardless, once a contract is established it should only be changeable under clearly defined terms -- and these are not.
I can't see how this would hurt legitimate online business, and in fact I would argue that after the fallout is over it may very well help it.
(Aside: I seem to recall a cell phone company trying this particular trick once -- the one-sided "suck it, customer" contract -- and getting spanked
for it, but my Google-fu is weak and I can't remember details. Anyone?)
--sofaspud
--"Listening to your kid is the audio equivalent of a Salvador Dali painting, Spud." --OpMegs
I cannot see any reasonable need for a business -- online or off -- to reserve the right to unilaterally change its contract -- notice posted or sent to the
other party or not. In fact, I would argue that the very idea is against the whole concept of a binding contract. It's asinine. And business can thrive
-- and has -- without that particular clause.
The key point under contention, as I see it, is the contract -- not whatever the contract was about (in this case video rental history, it appears). One could
argue -- and would be correct, I'd say -- that if you don't like the "you can't sue us" clause, you shouldn't agree to the contract
with them in the first place. But regardless, once a contract is established it should only be changeable under clearly defined terms -- and these are not.
I can't see how this would hurt legitimate online business, and in fact I would argue that after the fallout is over it may very well help it.
(Aside: I seem to recall a cell phone company trying this particular trick once -- the one-sided "suck it, customer" contract -- and getting spanked
for it, but my Google-fu is weak and I can't remember details. Anyone?)
--sofaspud
--"Listening to your kid is the audio equivalent of a Salvador Dali painting, Spud." --OpMegs