Reply To: Greasemonkey/Userscripts – Browser Add-on

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Someone on today’s show pondered about the legality of using tools such as the YouTube downloading script linked to above, since YouTube’s terms require their own player be used when accessing videos.

According the the US Court of Appeals in Specht v. Netscape, users are not bound by a website’s terms if they only appear in an inconspicuous corner of the page and require no action by the user to indicate assent (such as clicking “I Agree”).

In another case, In re, Inc., Customer Data Security Breach Litigation, the court found that if a clause exists allowing the website owner to change the terms at any time, without notifying users, those terms would be unenforceable.

YouTube’s website suffers from both these flaws.