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ARTICLE · 25 MAY 2013

Terms of Service and Deceased User’s Account

When a user dies, who owns the contents of that user’s account?

CanadaIntellectual Property

When a user dies, who owns the contents of that user's account?

In Ajemian v. Yahoo Inc. (May 7, 2013), a Massachusetts court considered this question. Two brothers, who administered their brother John's estate, brought a lawsuit against Yahoo for access to email messages of their deceased brother, and a declaration that the email account was property of John's estate. The court considered the Yahoo Terms of Service, which included this clause: "You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted."

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