Quote:
Originally Posted by gideongallery
you can't TOS away your legal liablities under the law, if your TOS violate the law, the LAW wins and the TOS is invalid.
try it yourself, put in your TOS your allowed to distribute Kiddie porn
and none of the content can be used as evidence against you in a trial
see how quickly your ass goes to jail
You would have to prove that the TOS violates the law to get around the blanket we can do anything clause.
|
Comparing
allowing kiddie porn to
disallowing repeated infringement abuse is mumbojumbo. No one have never gone to jail or lost their safe harbor for booting a member for violating their TOS (which is
another reason than the infringement itself)
No one have to prove anything, everyone know their TOS doesn't violate the law and that's the point: They can remove user submissions for ANY or NO reason (as they state). But here they claim they can't. It's not about law but policy, so saying two different things is lying.
You can't have it both ways, gideongallery. That's what bring people into trouble. The best example is piratebay, first they said fuck you to DMCA, next day in court, they argue and beg for DMCA protection. It doesn't work that way...