The thing is if all parties find the terms agreeable it doesn’t matter if it’s legally binding.
It’s more like putting a price on the shelf at the grocery store. Not every one will agree the price is agreeable and you might still get shoplifters but it doesn’t mean it’s a waste of time to list the price.
It really does matter if it’s legally binding if you’re talking about content licensing. That’s the whole thing with a licensing agreement: it’s a legal agreement.
The store analogy isn’t quite right. Leaving a store with something you haven’t purchased with the consent of the store is explicitly illegal.
With a website, it’s more like if the “shoplifter” walked in, didn’t request a price sheet, picked up what they wanted and went to the cashier who explicitly gave it to them without payment.
The crux of the issue is that the website is still providing the information even if the requester never agreed or was even presented with the terms.
If your site wants to make access to something conditional then it needs to actually enforce that restriction.
It’s why the current AI training situation is unlikely to be resolved without laws to address it explicitly.
The thing is if all parties find the terms agreeable it doesn’t matter if it’s legally binding.
It’s more like putting a price on the shelf at the grocery store. Not every one will agree the price is agreeable and you might still get shoplifters but it doesn’t mean it’s a waste of time to list the price.
It really does matter if it’s legally binding if you’re talking about content licensing. That’s the whole thing with a licensing agreement: it’s a legal agreement.
The store analogy isn’t quite right. Leaving a store with something you haven’t purchased with the consent of the store is explicitly illegal.
With a website, it’s more like if the “shoplifter” walked in, didn’t request a price sheet, picked up what they wanted and went to the cashier who explicitly gave it to them without payment.
The crux of the issue is that the website is still providing the information even if the requester never agreed or was even presented with the terms.
If your site wants to make access to something conditional then it needs to actually enforce that restriction.
It’s why the current AI training situation is unlikely to be resolved without laws to address it explicitly.