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Originally Posted by SallyRand
No, it is not discrimination; Paypal can do whatever it wants to do as far as what it processes and what it doesn't. Paypal can have whatever kind of Acceptable Use Policy it wants as long as it does not contravene applicable law or go against public policy.
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gotta disagree on that. a good lawyer could take that TOS and carve it up claiming discrimination on basis of their "obscenity/sexually oriented materials" claim.
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(e) ITEMS THAT ARE CONSIDERED OBSCENE , (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) CERTAIN SEXUALLY ORIENTED MATERIALS OR SERVICES
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The fact that they process for porn dvds (considered obscene in many states) yet can deny processing for porn sites would be a good laugh for a judge imo.
its not tangible vs virtual, its obscene vs obscene according to paypal.
imagine a lawyer saying "Paypal does accept processing for the dvd entitled 'Thai Midget Gangbang' but will not accept processing for my client's subscription website which uses the same movie in a series of clips on his site."
seems like that could be a huge case for discrimination.