Kevin Buddaeus
2 min readAug 19, 2020

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Please read the comment I received from @Alison Tennent and do check out her articles on the matter. She's very eloquent in this regard and not without reason one of our most accomplished editors.

The problem with any articles or news Medium may relay in future is that they don't technically have any power over the ToS. Because the ToS counts as a legal document (which can be used as substantial evidence in a court room), while their article about "we don't mean it like that" is just smoke and mirrors.

I don't want to freak you out with this, but that's unfortunately how the system works.

If it's written in the ToS, it's legally binding. And the way the internet works, our consent is enough by clicking the "I agree" button, even if we didn't read the ToS to begin with. Because we voluntarily consent and promise that we are fully aware of the consequences by clicking that button.

By law, it is our own responsibility to make sure we know what we're doing.

When you go to a court room and show them a news article or blog post where they declare that the ToS was not meant like this, the judge will only ask you what's written in the ToS and whether or not you gave your consent by clicking on "I agree".

They will simply dismiss any "news, articles, blog posts, open letters, private e-mails" and the other stuff.

The ToS is the highest point in this legal chain of command.

And to be entirely honest, though I tried my best to write my article like a complete smartass with my own draft of a ToS, I am pretty sure it's futile as well. I did it anyways, even if just to start a show.

But overall, I assume that my article has no legal value to counter this whole thing either. Because I make use of "silent agreement" (counting them not responding to me as agreeing with my terms)

This silent agreement thing can work in certain cases. But in my case, I think it would not.

It's just show. And I was dumb enough to click on the "I agree" pop-up without even checking it beforehand.

The bottom line is: If you sign a legal contract, never rely on any additional promises outside of the document, either written or verbal; they have no legal value.

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Kevin Buddaeus

Follow me on this long journey to grow and learn together. We can make the world a better place. Connect with me via Twitter: @KBuddaeus