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IANAL
However, there are a few legal issues here that bug me:
1) If you suspect a crime is or has been committed, don't delete a journal, call the cops!!
2) If you accuse someone publicly of criminal behavior, but can't/don't/won't back it up with evidence and reporting it to the authorities, you could be committing libel and defamation.
3) Deleting journals and communities on the basis of keywords in interests is pretty slipshod.
4) Fiction, fantasy, or discussion of lusts and thoughts is not the same as doing them, even under the current mess of US Law. Really.
5) Isn't breaking/violating your own process as described in your ToS a breach of contract??
6) Trying to claim listed "interests" mean that a person "likes" or "advocates" them would probably get laughed out of court, IMO.
7) As I understand it, a person's content is theirs, and a hosting service is shielded by the "common carrier" provisions of the law *if* they do not exercise editorial control over it. Deleting "objectionable", but not illegal, content could be construed as exercising editorial control.
Again, IANAL, nor do I play one on TV.
I need to have defined for me what rights I have under my permanent membership contract with LJ. If they can blithely change their ToS on the fly about this stuff, what else can they do, without me having any recourse other than abandoning my journal (and money)? Will I log in one day to a page full of ads for fundie churches, my journal redacted of all content not fit for sheltered 5 year olds??
1) If you suspect a crime is or has been committed, don't delete a journal, call the cops!!
2) If you accuse someone publicly of criminal behavior, but can't/don't/won't back it up with evidence and reporting it to the authorities, you could be committing libel and defamation.
3) Deleting journals and communities on the basis of keywords in interests is pretty slipshod.
4) Fiction, fantasy, or discussion of lusts and thoughts is not the same as doing them, even under the current mess of US Law. Really.
5) Isn't breaking/violating your own process as described in your ToS a breach of contract??
6) Trying to claim listed "interests" mean that a person "likes" or "advocates" them would probably get laughed out of court, IMO.
7) As I understand it, a person's content is theirs, and a hosting service is shielded by the "common carrier" provisions of the law *if* they do not exercise editorial control over it. Deleting "objectionable", but not illegal, content could be construed as exercising editorial control.
Again, IANAL, nor do I play one on TV.
I need to have defined for me what rights I have under my permanent membership contract with LJ. If they can blithely change their ToS on the fly about this stuff, what else can they do, without me having any recourse other than abandoning my journal (and money)? Will I log in one day to a page full of ads for fundie churches, my journal redacted of all content not fit for sheltered 5 year olds??
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Hard for them to fuck it up against our wishes when we own them, literally.
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