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0 pointstptacek2y ago0 comments

All its users have, as Beeper is aware, and Beeper has taken extensive steps, predicated on the existing of that customer agreement (in fact: meaningful only because of that agreement) to help them renege.

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5 comments · 1 top-level

greyface-2y ago· 4 in thread

Beeper isn't marketed at Apple users - they already have access to iMessage. Are we to presume that all Android users have agreed to the iOS ToS?

JoshuaRogers2y ago

If we’re presuming that the end-user has not agreed to any term of service, then why are we assuming that they have the right to use the service in anyway whatsoever? It’s basically the definition of unauthorized use at that point.

drekk2y ago

Maybe I have an Apple laptop but an Android phone and would like to use a unified messaging solution across both.

But we shouldn't have to get to such specific examples to discuss the issue at play here—Apple is fighting against adversarial interoperability. I'm amazed to see people arguing in their favor on Hacker News.

sbuk2y ago

> Beeper isn't marketed at Apple users

Does that mean they are therefore not competing with Apple? And if their users are using Beeper Mini to access iMessage, are they not implicitly accepting the ToS?

greyface-2y ago

> are they not implicitly accepting the ToS?

Courts generally do not find that ToS can be accepted implicitly, even in situations where they are actually shown to the user: https://en.wikipedia.org/wiki/Browsewrap#Case_law

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