I assume in the smallprint when you got 23andMe to do a DNA analysis of you, it said that you give them the right to do this.
One of those times where reading that small print realllllllllly was important. And anybody who signed it presumably didn't actually understand what they were signing away there.
I'm not a lawyer, but if I'm 23andMe, and I get sued in the USA that there was no actual meeting of the minds here, and that they don't really have consent regardless of that smallprint, I'd not be all too confident I'd win that case (I wouldn't be confident it's a total loser of a case either; the users _did_ sign, after all).
Same situation in the EU and I'd be even less confident.
Hypothetically pushed scenario: A smallprint / clickthrough / 'you accept by tearing this sticker' style licenses dictate you owe them $100000 and a kidney if you fail to review the product with the maximum possible score within 1 month of purchasing the product.
You tear that sticker and fail to review in time. They come a-knockin, scalpel at the ready. There's zero chance you lose in court. That's not something you get to stick in a clickthrough contract. No meeting of the minds would be the legal basis.
Hence why I wonder: Will 'you signed away your rights; we now get to sell your DNA profile' actually hold up?
One of those times where reading that small print realllllllllly was important. And anybody who signed it presumably didn't actually understand what they were signing away there.
I'm not a lawyer, but if I'm 23andMe, and I get sued in the USA that there was no actual meeting of the minds here, and that they don't really have consent regardless of that smallprint, I'd not be all too confident I'd win that case (I wouldn't be confident it's a total loser of a case either; the users _did_ sign, after all).
Same situation in the EU and I'd be even less confident.
Hypothetically pushed scenario: A smallprint / clickthrough / 'you accept by tearing this sticker' style licenses dictate you owe them $100000 and a kidney if you fail to review the product with the maximum possible score within 1 month of purchasing the product.
You tear that sticker and fail to review in time. They come a-knockin, scalpel at the ready. There's zero chance you lose in court. That's not something you get to stick in a clickthrough contract. No meeting of the minds would be the legal basis.
Hence why I wonder: Will 'you signed away your rights; we now get to sell your DNA profile' actually hold up?