Quote:
Originally Posted by gideongallery
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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I never said or claimed that TOS as a contract supercedes all legal liability. That is a strawman argument from your side, so you can argue against things I didn't say or mean. This is not about the weight of laws, but the laws themselves and what they cover. If the weight (your argument) is final, then everything would be legal in countries having constitutional free speech. But it doesn't work that way, the constitutional weight is not final, it also gives access for laws to override it, the same way laws weight are not final but give access to design terms and policy.
What I say is, the TOS can be used as a contract to prevent things that is not unlawful in the first place, but things that are inappropriate, off-topic or non-beneficial etc for your business or organization can be prevented. Laws supercede TOS, but if there is no law, then that argument become pointless. The only thing left is policy and that's what OP question.
If you claim and state one policy, but act different and refering to non-existant laws (the weight of laws is pointless argument), then there is a reason to question that policy. If DMCA doesn't prevent you from removing the inappropriate, off-topic or non-beneficial without losing safe harbor, then it doesn't prevent you from removing the appropriate, on-topic or beneficial. Like I said, you can't have it both ways...