Don't terms of use depend entirely on copyright to work? Without copyright ... why would you need to agree to terms of use to use the software/site/data?
And doesn't that mean that terms of use can never impose restrictions stricter than copyright?
And doesn't that mean that terms of use can never impose restrictions stricter than copyright?
Enforcement can be quite challenging because typically if you provide a service over the Internet you don't have any idea who is using it beyond their IP address and any registration data they provide, but this also means that when companies do have a known violator and can show significant monetary damages, their legal departments come down like a ton of bricks.