lucy24 - 1:59 am on Dec 23, 2012 (gmt 0)

No, he's saying that you can't apply a retroactive charge to something if you didn't say upfront that there would be a charge-- and there's no established use-and-custom that would lead a reasonable person to expect one. Not so sure about outright legality, though. Interesting court case, if you can get a judge and jury whose brains don't shut down when they encounter the internet.