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Pastimes : SI vs. iHub - Battle of the Boards Part 2

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To: AK2004 who wrote (4848)9/14/2003 3:14:01 PM
From: The Philosopher  Read Replies (1) of 5315
 

It is a private board and I believe that SI Bob has the right to enforce TOU in any manner he chooses but his enforcement policies would ultimately adversely affect the popularity of SI.


This position has been stated many times by various posters, and needs to be clarified.

Yes, SI is a private business. But no, Bob does not have the right to do whatever he wants with it, at least as to paid posters. Those posters entered into a contract with SI, which for many of us was with the previous owners but carries on with the purchase of SI. Those contracts werefor permanent posting rights on SI. There was consideration given and accepted, and contrcts formed which is of unlimited duration. Bob has an obligation to comply with the terms of those contracts. Those contracts include the implied contractual terms of good faith and fair dealing. Those are a simple matter of contract law.

Not that I'm suggesting here any specific case where he hasn't done that. But the idea that Bob can do whatever he wants to with SI because he owns it is not legally accurate, at least with respect to posters who purchased lifetime memberships.
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