I think there's something else afoot here; the user they're suing (one day after they themselves were sued by victims) is a 67 year old man in rural South Carolina and is facing eight felony counts.
It seems to me that they're hoping the guy defaults, because a defendant shaped like this will almost certainly default. A default judgment blesses the legal theory without anyone ever briefing whether a consumer ToS indemnity is enforceable against an individual. (In many states: presumably not, but nobody will be there to say so.)
Techdirt has not posted any stories submitted by Corey Quinn.
Forest for the Trees
I think there's something else afoot here; the user they're suing (one day after they themselves were sued by victims) is a 67 year old man in rural South Carolina and is facing eight felony counts. It seems to me that they're hoping the guy defaults, because a defendant shaped like this will almost certainly default. A default judgment blesses the legal theory without anyone ever briefing whether a consumer ToS indemnity is enforceable against an individual. (In many states: presumably not, but nobody will be there to say so.)