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this post was submitted on 06 Dec 2023
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https://en.m.wikipedia.org/wiki/Non-repudiation
Legally you have to be able to prove someone received a thing. It's why you get served when you're sued. An agent physically hands you the complaint (or whatever they're called). If the papers were put in the mail the person being sued could say they never received them.
Couldn’t the same be said about the TOS updates though? Would they not need to prove it was delivered?
Exactly. That's why an email saying you are losing your rights unless you opt out is invalid. You cant prove that i ever saw/received that email
That's the whole point. They can force you to agree to updated TOS before they allow you to access their app.
Can't you trace an email and prove it was delivered? Even mail you sign for only proves you received it, not that you opened it.
No. You can confirm the server received it. That's different from a user opening it and reading it