On: Violating Terms of Use Isn’t a Crime, EFF Tells Co...

[codedokode]

Isn't it nice if ToS is legally binding?

1. Make a website and write somewhere in the middle of ToS that visitor must pay $1000 (for example) for every page viewed or for every second spent on a site

2. Persuade him to press "I have read and agree to the ToS" and to stay as long as possible

3. Send a bill

[gregmac → codedokode]

I was thinking I'd add a header to all my HTTP requests:

    X-Terms-of-Service: This HTTP request is subject to the terms of use published
      at https://example.com/tos. By responding to this request you are accepting 
      these terms and conditions in full.

[AnimalMuppet → gregmac]

Make sure you also say "... and agree that these terms and conditions supercede any other agreements between us."

[Edit: IANAL.]

[TallGuyShort → codedokode]

Then at what point does something become binding on the Internet? Most of my financial work over the last year has involved e-signed contracts. I typed my name and the date, certifying I had read and understand the contract - the difference between that and certifying that I've read the ToS via a checkbox seems arbitrary.

[AstralStorm → TallGuyShort]

In EU this would be treated as a shrink wrap EULA. Those are generally not considered binding.

Click wrap is different and some may be considered binding.

(Caveat: IANAL)

[frenchman_in_ny → codedokode]

Something (tongue-in-cheek) like this actually already happened [0], where users granted the website their immortal soul.

[0] http://www.out-law.com/page-10929

[jahewson → codedokode]

Unfortunately for your hypothetical website owner, this is extortion, which is a real crime.

[inetknght → jahewson]

How is that any different from any other ToS? How do you define extortion?

[codedokode → jahewson]

I don't think so. I just sell a non-exclusive license to view copyrighted images to the visitor for $1000 each with delayed payment. Totally legal.