back to article Pan Am Games: Link to our website without permission and we'll sue

The organisers of the Pan American Games in Toronto, which start this week, require that people seek formal permission to link to its website at toronto2015.org. Under the website's terms of use, amid piles of incomprehensible legalese seemingly designed to hide from the fact that social media exists, it is decreed that no one …

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        1. fishman

          There's a Pan Am Games? - Landing with a thud

          Even the people of Toronto don't seem to care.

          http://www.nytimes.com/2015/07/10/world/americas/in-an-apathetic-toronto-the-pan-am-games-land-with-a-thud.html?_r=0

          1. keith_w

            Re: There's a Pan Am Games? - Landing with a thud

            Of course we care. We care about the traffic jams that have resulted from a)changing the existing HOV lanes and b) dedicating 1 lane on the highways which don't have HOV lanes as an HOV lane so that both of them are restricted to vehicles carrying athletes, people with games passes or 3 or more persons.

            We also care that the food vendors near the Rogers Centre (formerly the Skydome) were banned during the opening ceremonies and will be banned during the closing ones as well. We also cared that every one entering the Rogers Centre was searched to ensure that no one was smuggling in their own bottle of water or bag of peanuts, ensuring that the vendors inside were able to charge exorbitant amounts for the aforementioned water, other beverages and sundry snacks.

            We also cared that they changed the finals for at least 1 of the events so that people who had bought tickets for that time and place were not able to see the event which they had intended to.

            I am sure we are going to care a lot more if we get the Olympics that are now planning to bid for.

  1. phil dude
    Coat

    Oscar Wilde....

    There's only one thing worse than bad publicity....

    P.

  2. Andy Non Silver badge
    Meh

    Reverse psychology?

    Can't help wondering if it is just a clever ploy to get as many links to their site as possible and consequently boost their search engine rankings.

    1. Pascal Monett Silver badge

      Reverse psychology requires intelligence.

      Not managing to get a mail server running demonstrates rather a lack of intelligence.

      So no, there is no psychology here. Just lawyers. From last century millenium.

  3. originalucifer

    The secure version is even better: https://www.toronto2015.org/

    1. Anonymous Coward
      Anonymous Coward

      Gotta love akamai....

      1. Destroy All Monsters Silver badge

        Why you not link properly? https://www.toronto2015.org/

        1. billse10

          Proceed to www.toronto2015.org (unsafe)

        2. This post has been deleted by its author

  4. TheProf
    Unhappy

    Sue ball

    Can I sue anyone over the fact El Reg has brought to my attention a sporting event of some kind?

    I do not like sport and now I will be in constant fear that a stranger will try to start a conversation about sporting people in Canada. (Can I say Canada without being sued? Canada, Canada, Canada, Canada, Canada. Yes, that seems fine.)

  5. Anonymous Coward
    Anonymous Coward

    "Strickly speaking, anyone who links to the website or even anyone who uses the games' own hashtag of #TO2015 is violating its terms, and could be sued."

    Site terms of use are only relevant if you want to keep using the site. Doubt if you can be sued for breaking any part of a ToS unless the way you break it also conflicts with an existing law. You can deny a user access to a site if they break the ToS, but that's about where it ends.

    1. John Brown (no body) Silver badge

      Exactly. Linking to the site is not "using" the site. Anyone following the link to the site is "using" the site, but unless and until they read the ToC , it means nothing to them either.

      I don't know about Canada, but here in the UK we have laws about unfair terms and conditions which means specific terms will be laughed out of court if anyone tries to enforce them and depending on the circumstance, could potentially invalidate the entire ToC document.

      As the article points out, these lawyers really don't have a clue.

      1. Mad Chaz

        If this was the US, they could probably still sue for computer hacking or something. Luckilly, it's a bit harder to become a judge in Canada and yes, they would be lucky if all they got was laughed out of court.

    2. Mark 85
      Coat

      You can deny a user access to a site if they break the ToS, but that's about where it ends.

      I'll save them the trouble and not visit their site.

      1. Anonymous Coward
        Anonymous Coward

        It's a common mistake to assume that just because something is written in legalese, that it is in any way legally enforcable. I had one site where part of the conditions of use was that users must wear a squirrel costume in order to use the site. It was there for years, and nobody ever noticed.

        Mostly those documents are arse-covering for the site owner/creator...several pages of "if you do anything illegal using our kit then it's down to you". There may also be somewhat optimistic "expected codes of conduct" which are usually only read so that people can make sure that they've broken all of them and not missed any. Some -like El Reg's- are pretty reasonable (although having a "no trolling" rule and allowing a comment thread immediately afterwards was a bit on the masochistic side, if you ask me. Also quite meta; because asking El Reg commentards not to troll is a troll in itself. Some are power-wanks on the part of the site owners, and some attempt to modify user's behaviour which is about as successful as you'd expect. Legality (apart from the arse-covering) doesn't really come into it. Mostly it's simply a matter of "how much do I fear getting banned from this site" that dictates the amount of attention you need to pay to these things.

        Either the Toronto chaps are very stupid indeed, or they have a clever marketing department who know that if the internet is asked to do something it will immediately do the opposite. Personally, I'm not going to link to Toronto2015.

        1. John Tserkezis

          "Personally, I'm not going to link to Toronto2015."

          Disturbing, just disturbing. But not as distubring as the Toronto games.

  6. Corin

    Some slightly more subtle errors

    http://www.toronto2015.org/faq#Pan-Am-Ticketing

    Ah yes, the famous London 2010 Olympic Games...

    1. John Brown (no body) Silver badge
      Joke

      Re: Some slightly more subtle errors

      An easy mistake to make. Obviously "The Games" are every four years and the The Glasgow Games was only last year so they remember that. The London Games were a long time ago, long forgotten and were obviously four years prior to The Glasgow Games. So that means the Toronto games will be in 2018. Simples...err....really....

  7. Andrew Jones 2

    Out of interest - has a company managed to (successfully) trademark a hashtag yet? Surely it's something some silly company will try before long?

    1. Anonymous Coward
      Anonymous Coward

      Not yet

      They're waiting until hashtags support a superscript (TM) and the circle R symbol?

      1. Anonymous Coward
        Anonymous Coward

        Re: Not yet

        Twitter, of course, could fix this by applying a suitable licence to posts which prevented this (i.e. it is a condition of using this site that you do not trademark any hashtags, and anything in the format of a hashtag which is trademarked will be removed from this site without warning.) If they haven't done so it may be because they are trying to work out a way to make money out of it. Before they go bust...because although revenues are increasing, so is the first derivative of losses.

  8. Ken Moorhouse Silver badge

    Confused Lawyers

    The lawyers are probably getting confused with the ability of other websites to Frame their content, making it look as if it is theirs.

    1. Bucky 2

      Re: Confused Lawyers

      They made that much clear when they added the header, X-Frame-Options: SAMEORIGIN.

      No, they must mean something else.

  9. Phil Endecott

    Isn't TO-2015 a power transistor package?

    (The closest I can find is TO-201, which is a coaxial transistor! If you want to waste the rest of your weekend exploring a dinosaur's graveyard of obsolete transistor packages, have a look at https://www.jedec.org/standards-documents/focus/registered-outlines-jep95/transistor-outlines-archive )

    1. This post has been deleted by its author

      1. JeffyPoooh
        Pint

        Re: Isn't TO-2015 a power transistor package?

        I like TO-3. The way they're typically installed on the *outside* of the chassis.

        The Shaker Engine Lid or protruding Roots blower for electronics.

        1. Will Godfrey Silver badge
          Thumb Up

          Re: Isn't TO-2015 a power transistor package?

          Indeed. Nice rufty-tufty package that means business.

          Oh, and it doesn't shatter if the contents die, so you have a chance of finding out what it actually was.

          1. Anonymous Coward
            Anonymous Coward

            Re: Isn't TO-2015 a power transistor package?

            I can't remember if they were TO-3 or another large metal power package of the era, but as I recall the technicians who serviced the CU Titan computer used to identify blown power supplies by tapping the transistor cases and listening for the rattle of a large germanium die that had fallen off.

            On another occasion I discovered that an "engineer" at one company I worked for had built a large custom DC power supply using paralleled 2N3055 - which some of you may remember - but with neither ultrafast fuses nor any proper means for ensuring correct current sharing in the output stage. I discovered this when the supply went titsup*, and two cases had arced through leaving large holes while a third one was just in the process of melting when the power was tripped. At least you could see what was happening.

            *transistor internal transfer of silicon by unexpected plasma.

            1. Simon Harris
              Thumb Up

              Re: Isn't TO-2015 a power transistor package?

              +1 for the backronym.

  10. Zog_but_not_the_first
    1. Mark 85

      Re: Shakespeare nailed it

      Perhaps the second should be: "Then kill all those listen to them about their ideas".

  11. Anonymous Coward
    Anonymous Coward

    Referer

    All they have to do is check a request's "referer" field - and only accept the ones in their list.

  12. Stevie

    Bah!

    I think the letter would have been more helpful if you'd pointed them to a blacklisting service so they could stop all links from everywhere before they are attempted. Then they just need to have their DNS records expunged and it's job done, I should think.

    Unless you think they would be safer simply turning their servers off?

  13. smartypants

    At least you got a reply

    ...albeit an automated failure, which is more than Apple do!

  14. Will Godfrey Silver badge
    Unhappy

    Lawyers

    'nuff sed?

  15. Anonymous Coward
    Anonymous Coward

    I read that as 'Panem games' and thought, way to role play there guys.

    1. Anonymous Coward
      Anonymous Coward

      If what's-her-name-with-the-bow makes a guest appearance and skewers someone from the legal department, I'm into this.

  16. Anonymous Coward
    Facepalm

    Ré email failed

    Could that be because you TYPED the letter, instead of writing it??

  17. Turtle

    Re: "First kill all the lawyers"

    "First kill all the lawyers"

    It was said by Jack Cade's follower Dick The Butcher in Shakespeare's Henry VI; it was in the midst of a harangue in which Cade lays out his, errr... social-political program.

    Consider the following: "'The first thing we do, let's kill all the lawyers' You know the line, from Shakespeare's 'Henry VI, Part 2.' Like a mantra, it is mindlessly quoted by pundits, stenciled on T-shirts and generally marshaled as condemnation of the legal profession from the very pen of the Bard of Avon. Not only is this a gross calumny, it is a symptom of gross cultural illiteracy.[...] Dick the Butcher shouts enthusiastically, 'The first thing we do, let's kill all the lawyers.' There it is - the phrase so frequently used to damn the legal profession, shouted by a butcher in response to an ex-convict and confidence man who was in London to foment anarchy, burn the city and loot the commonwealth. But that's not all. Cade shows us what his world would be like without lawyers. Immediately after Dick the Butcher mouths his famous line, a clerk enters. Someone accuses the clerk of being able to write and read. Cade orders, 'Hang him with his pen and inkhorn about his neck.' Yes, second thing let's do, let's kill anyone who can write or read." (http://articles.latimes.com/1993-12-14/local/me-1614_1_jack-cade.)

    I don't know if this was an idea ever espoused by the real Jack Cade. It might not have been, as Shakespeare's account of Cade and the events surrounding him seem to be quite ahistorical.

    Shakespeare wrote the line but that's not nearly enough reason to think that he espoused the idea himself. He put those words in Cade's mouth to show the audience the barbarity and ignorance of Cade and his followers.

    I have also seen the quote attributed to Leon Trotsky, who might have been well-enough read to know it from a translation of Shakespeare. I do not know if Trotsky ever said it or not, but it would have been both appropriate and ironic if he had.

    1. Anonymous Coward
      Anonymous Coward

      Re: "First kill all the lawyers"

      Pol Pot read The Bard?

    2. This post has been deleted by its author

  18. volsano

    I would be happy to link to one of their pages.

    But, in return for their permission, I would require to be informed no less than 21 (twenty-one) days in advance of any changes they intend to make to that page -- that includes but is not limited to embedded advertising, javascripting, visible text, invisible text, CSS classes attributes and tags, non-visible comments, HTML alterations, and images.

    Otherwise, how can my overworked and under-ferrari-ed lawyers ensure that we are still linking to the information we originally linked to?

    Fair's fair.

  19. Len Goddard

    Catch 222

    According to these cretins, you automatically accept the ToCs by visiting the site, even if you don't read them or know they exist. Furthermore, they reserve the right to change the ToCs but by accepting the original ToC you agree to be bound by the changes.

    This is not the work of a real lawyer. It is the work of some incompetent who looked at the cover of a law book in a school library somewhere. A real lawyer would surely make some attempt to produce something which would not be laughed out of court with extreme prejudice. Surely?

    1. nematoad
      Headmaster

      Re: Catch 222

      "According to these cretins, you automatically accept the ToCs by visiting the site..."

      What's a Table of Contents got to do with anything on this thread?

      Could you possibly mean T&C (Terms and Conditions) or ToS (Terms of Service) ?

    2. Anonymous Coward
      Anonymous Coward

      Re: Catch 222

      "This is not the work of a real lawyer."

      Or maybe it's the work of one who thinks he can put in any terms- legally-enforceable or otherwise- in there and at worst the ones which *aren't* will (possibly) be struck down *if* they get to court (but enough people will believe that they are enforceable and/or don't want the hassle in proving it) that they have a chilling effect.

      Of course, this only works if you don't take it too obviously beyond the bounds of credibility for even Joe Public- something which evidently hasn't worked on the Reg in this case. :-)

      I suspect that most such unenforceable terms like this are a combination of incompetence, laziness (cut and paste boilerplate from elsewhere, whether or not it makes sense in this context) and the dual cynicisms of throwing enough mud at the wall and hoping some'll stick and/or hoping that Joe Average will be intimidated into believing they're enforceable.

  20. Mr Fuzzy

    Time to dig through the old issues of 2600

    Apparently we're not allowed to use the site to encourage phreaking.

    You have to wonder who thought there might be a chance of a shady group plotting to use the site for an athletic event to cause others to misuse a PSTN.

    1. Anonymous Coward
      Anonymous Coward

      Re: Time to dig through the old issues of 2600

      ...too horrific to contemplate.

      (Sudden warbling tones of a modem)

  21. grumpyoldeyore
    Facepalm

    Toronto -

    - I have a feeling we're not in Kansas anymore

  22. Anonymous Coward
    Anonymous Coward

    Can I link this?

    https://www.youtube.com/watch?v=DBpgcZ1zYJs

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