Quote:
Originally Posted by MaxSteve
I've got one question that makes me wonder if the MySpace TOS is enforcable in this case. If you are sending bulletin SPAM through either a phished account or through a fake account, your own name isn't anywhere in the MySpace profile.
So on paper, the TOS agreement would be between MySpace and "Dicksmack Asshat". Since "Dicksmack Asshat" isn't a real name (at least I hope not!) or person, is the agreement to the TOS even valid? I would guess not. It certainly wouldn't be valid in the real world.
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You are right that you may defend yourself in the civil trial by claiming you never agreed to those terms when you stole someone else's account to spam MySpace. Something tells me you still might find yourself looking down the barrel of some damages.
Of course for the criminal case, it won't matter, because your defense in your civil case was essentially an admission of guilt so it will be easy to get a conviction.
Clearly some people think the internet is a game. Some people are likely to find out they were mistaken. As for the MySpace TOS, just because they make a TOS and have you agree to it, does not mean it is fait acompli. You could challenge ever part of it. There is no support just because it exists. They would still have to prove their case in court. Although the TOS document could potentially go towards the deliberate nature of your actions and any claims you did not know any better.
As for those who think bulletins won't ultimately be considered under the same umbrella as e-mail. I would suspect that is pretty wishful thinking.
If one AOL user sent a spam message to another AOL user, it is still spam.