# DDG: Are cases 403 and 277 incompatible?

**URL:** <https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921>\
**Category:** Point Debates\
**Tags:** advice, reviewing\
**Created:** [June 10, 2023, 9:57pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921 "2023-06-10T21:57:37Z")\
**Posts on this page:** 10\
**Page:** 1

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**Author:** ![Agnes\_de\_Lion](https://tosdr.community/user_avatar/tosdr.community/agnes_de_lion/32/263_2.png) [@Agnes\_de\_Lion](https://tosdr.community/u/Agnes_de_Lion)\
**Post date:** [June 10, 2023, 9:57pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/1 "2023-06-10T21:57:37Z")

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There has been some discussion on a point linked to DDG, so I drop it here to let other opinions express:  
[Terms of Service; Didn't Read - Phoenix](https://edit.tosdr.org/points/33461)

_By continuing to use our Services after any such change, you are consenting to them and agree they will govern your continued use of our Services._

It has been linked to [https://edit.tosdr.org/cases/403](https://edit.tosdr.org/cases/403) since the service never required the user to agree to the terms.

However, it could be linked to [https://edit.tosdr.org/cases/277](https://edit.tosdr.org/cases/277) due to the service’s nature (no account creation leads to no way of seeking user consent).

Given the meaning of the cases, I’d say they are incompatible so shouldn’t be linked to a same service.

What are your thoughts?

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**Author:** ![Deveroonie](https://tosdr.community/user_avatar/tosdr.community/deveroonie/32/1863_2.png) [@Deveroonie](https://tosdr.community/u/Deveroonie)\
**Post date:** [June 12, 2023, 2:56pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/2 "2023-06-12T14:56:58Z")

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i’d agree with you on that, i think 1 should be renamed

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**Author:** ![Agnes\_de\_Lion](https://tosdr.community/user_avatar/tosdr.community/agnes_de_lion/32/263_2.png) [@Agnes\_de\_Lion](https://tosdr.community/u/Agnes_de_Lion)\
**Post date:** [June 12, 2023, 4:00pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/3 "2023-06-12T16:00:16Z")

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What rephrasal would you suggest?

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**Author:** ![Deveroonie](https://tosdr.community/user_avatar/tosdr.community/deveroonie/32/1863_2.png) [@Deveroonie](https://tosdr.community/u/Deveroonie)\
**Post date:** [June 19, 2023, 2:53pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/4 "2023-06-19T14:53:37Z")

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i dont know i was just saying one should be re-phrased

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**Author:** ![system](https://s3.tosdr.community/original/2X/a/a3a33872cc3bbba2093b58aec7533dcff56717c0.svg) [@system](https://tosdr.community/u/system)\
**Post date:** [June 24, 2023, 9:58pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/5 "2023-06-24T21:58:05Z")

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This topic was automatically closed after 14 days. New replies are no longer allowed.

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**Author:** ![Deveroonie](https://tosdr.community/user_avatar/tosdr.community/deveroonie/32/1863_2.png) [@Deveroonie](https://tosdr.community/u/Deveroonie)\
**Post date:** [August 28, 2023, 7:21pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/6 "2023-08-28T19:21:44Z")

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**Author:** ![Deveroonie](https://tosdr.community/user_avatar/tosdr.community/deveroonie/32/1863_2.png) [@Deveroonie](https://tosdr.community/u/Deveroonie)\
**Post date:** [August 28, 2023, 7:22pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/7 "2023-08-28T19:22:35Z")

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I’ve reopened this as I feel it still needs to be discussed, as the points have not been approved/declined/changes requested.

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**Author:** ![NeurohrByteS](https://tosdr.community/user_avatar/tosdr.community/neurohrbytes/32/2539_2.png) [@NeurohrByteS](https://tosdr.community/u/NeurohrByteS)\
**Post date:** [August 28, 2023, 8:36pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/8 "2023-08-28T20:36:05Z")

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I think that case 403 and 277 are well written already.

I also think that they are incompatible because they contradict each other:  
If conditions change (277) then they are auto-accepted. That you accept the auto-acceptance is inferred from your earlier acceptance of 403.

Think of this case:  
403 was not true in May (i.e. terms required active consent), but 277 was true (conditions may change, but actual change of f.e. data exchange consent requires additional explicit consent of the new terms).

In June the service changes to 403 (implicit consent from usage) and then change in July that all data will be sold to a data broker.

This instantly violates the previous held-to-be-true 277 which people, who read the original terms, still think are in place.

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**Author:** ![NotALawyer](https://tosdr.community/user_avatar/tosdr.community/notalawyer/32/2588_2.png) [@NotALawyer](https://tosdr.community/u/NotALawyer)\
**Post date:** [September 17, 2023, 6:59pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/10 "2023-09-17T18:59:40Z")

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Agreed. 403 and 227 are incompatible. I think it makes the most sense to keep 403 and discard 227 for this case.

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**Author:** ![Agnes\_de\_Lion](https://tosdr.community/user_avatar/tosdr.community/agnes_de_lion/32/263_2.png) [@Agnes\_de\_Lion](https://tosdr.community/u/Agnes_de_Lion)\
**Post date:** [November 17, 2023, 8:02pm UTC](https://tosdr.community/t/ddg-are-cases-403-and-277-incompatible/2921/13 "2023-11-17T20:02:45Z")

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