What is it with railroads?

The Central Pacific Railroad Photographic History Museum web site has been identified as having the "Worst Terms of Service Ever":

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Reply to
Robert Reimiller
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The best part: "No stereographs were harmed in the making of this website."

Reply to
Mark Mathu

For those that didn't click the link: "The legalese is an astonishing 21,000 words long, and gives every sign of having been professionally drafted by a competent lawyer with severe OCD." (Orifice-Cranial Dislocation?)

"All other access, use, disclosure, reproduction, delayed use, reduction to human-perceivable form, printing, copying or saving of digital image files or other content, reformatting, file sharing, downloading, uploading, storing, posting, mirroring, archiving, recording, distributing, redistribution, repurposing, modification, rewriting, manipulation, creation of derivative works, translations, or products, licensing, sale, transfer, display, public performance, publicity, broadcast, televising, reporting, publication (in whole or part) or transmission whether by http, ftp, electronic mail or any other file transfer protocol, and whether by electronic means or otherwise, or use by other than individual scholars, or commercial use requires prior written permission of the rights owner(s) and payment of a fee, and severe penalties apply for theft and unauthorized publication, which is also a crime."

Translation: "We put up a web site, but you're not allowed to access any pictures on it or we'll sue your butt off." Presumably cache copies don't count, but I wouldn't want to bet my eye teeth on that.

"You agree that your use of this website is irrefutable acknowledgment by you that you have read, understood, and agreed to each and every term and provision of this User Agreement . . . ." (emphasis added).

Translation: "You paid your legal counsel $5000 to produce a digest copy that only _he_ really understands."

"You stipulate, warrant and agree that you will not . . . challenge or dispute validity of our copyright."

but then a few sections later in the article...

"You agree to immediately notify CPRR.org by e-mail of any errors..., incorrect or missing citations, proprietary content included without required permission,

Translation: "Don't challenge our copyright, but let us know if we're violating someone else's. Wait a minute, that'd be challenging _our_ copyright. Catch-22!"

"... or any other defects or deficiencies which you discover on this website . . . ."

You mean, like, a TOS agreement that only a drunk Congressman could claim to understand?

"You further assume the risk that certain historic subjects, accidents, attitudes, and stereotypes and descriptions or depictions thereof, some graphic, may prove to be disturbing and that warnings and rating filters relating to such content may be absent or ineffective."

Translation: "People weren't as sensitive as they were now. You may see words such as...well, we don't use those terms in polite conversation anymore. We might even drop an N-bomb on you!"

"Force Majeuere: Additionally, in not in limitation of the forgoing, we shall not have liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to illness, governmental action, or acts of terrorism, earthquake or other natural occurrences, labor conditions, or power failure."

That is, "Don't blame us if you can't access the site."

"Additionally, in the event that your actions in violation of this User Agreement result in our being deprived of our exclusive rights . . . you agree to pay us liquidated damages in the amount of five million U.S. dollars . . . ."

Translation: "By the way, the membership for this site is $5,000,000 US if you download, forward, post, etc. etc. _anything_ on this site.

Guess I won't go there. My pockets aren't deep enough for that kind of lawsuit.

Does this count as parody so I don't get _my_ butt sued off?

Jay CNS&M North Shore Line - "First and fastest"

Reply to
JCunington

Folks, Didn't one of Shakespear's characters say:'...First, let's kill all the lawyers...'. Regards, Bill.

Reply to
William Pearce

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