http://www.licensinghandbook.com/2009/06/29/clear-to-sell-user-data/ The companion site to the Software Licensing Handbook Wed, 06 Jan 2010 00:13:18 +0000 http://wordpress.org/?v=2.9.2 hourly 1 http://www.licensinghandbook.com/2009/06/29/clear-to-sell-user-data/comment-page-1/#comment-836 Jeff Tue, 30 Jun 2009 11:39:44 +0000 http://www.licensinghandbook.com/?p=1026#comment-836 Present or future tense shouldn't matter. Neither would a claim that it was "true at the time". You can see for yourself about amendments, as I linked to the document. Regardless, courts have already started tossing the particular option out the window. So, I would say that this Privacy Policy is actually quite limiting. It would, of course, take someone to challenge Clear's behavior to see what would really happen. Present or future tense shouldn’t matter. Neither would a claim that it was “true at the time”. You can see for yourself about amendments, as I linked to the document. Regardless, courts have already started tossing the particular option out the window. So, I would say that this Privacy Policy is actually quite limiting. It would, of course, take someone to challenge Clear’s behavior to see what would really happen.

]]> http://www.licensinghandbook.com/2009/06/29/clear-to-sell-user-data/comment-page-1/#comment-833 randomjohn Mon, 29 Jun 2009 23:11:16 +0000 http://www.licensinghandbook.com/?p=1026#comment-833 Actually, that 3.A is formulated in the present tense. "We do not sell." Not "we will not sell" or "we shall not sell." They could just claim that it was a true statement at the time it was made. Did they later reserve the right to amend the policy without notice? I wouldn't be surprised... Actually, that 3.A is formulated in the present tense. “We do not sell.” Not “we will not sell” or “we shall not sell.” They could just claim that it was a true statement at the time it was made. Did they later reserve the right to amend the policy without notice? I wouldn’t be surprised…

]]> http://www.licensinghandbook.com/2009/06/29/clear-to-sell-user-data/comment-page-1/#comment-832 Luis Mon, 29 Jun 2009 22:14:42 +0000 http://www.licensinghandbook.com/?p=1026#comment-832 Presumably they'll sell the final remnants of the company to whoever wants to buy it (calling it a merger or what have you) and the data will just come along with that. Voila, no ToS violation. Presumably they’ll sell the final remnants of the company to whoever wants to buy it (calling it a merger or what have you) and the data will just come along with that. Voila, no ToS violation.

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