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Originally Posted by Dirty Dane
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.
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if as you say it has nothing to do with the law and is simply a policy
then TOS should cover you for ANY violation of the law , including distributing kiddie porn
your claiming that TOS as a contract supercedes all legal liability, well the criminal liablity for distributing kiddie porn is legal liablity.
Just because consequence of violating that legal liablity is jail time, instead of money doesn't change the fact that it still a legal liablity.
so again if you truely beleived that TOS contract, grants you immunity from legal liabilities, put up the kiddie porn and put a TOS clause saying they can't use it as evidence.
whores do that all the time, see how many of them get convicted of prostitution even though their TOS require that you don't enter their site if your a police officer.
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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...
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your the only one who wants it both ways
if the law worked the way your claiming it did, i could simply put in my TOS that by using the service to view copyright material you claim ownership of you agree to put all your content into the public domain
that way the first time you made a takedown request you would have been forced to put all your content into the public domain.
I would never have to listen to another take down request from you ever again, and i would be legally authorized to put the content right back up again.
The worst thing in the world for you guys would be if TOS did supercede the law as your trying to claim it does because this type of TOS clause would be perfectly legal and there would be nothing you could do about it.
so then the question is back to you , do you still stand by TOS supercede the laws even if it was used in this way.