liz_marcs: Jeff and Annie in Trobed's bathroom during Remedial Chaos Theory (Gunn_Bitch_Please)
liz_marcs ([personal profile] liz_marcs) wrote2007-06-21 08:22 am

Oh, for Heaven's Sake...

Dear 6A/LJ,

When I said I wanted clarification of your policies, this was not what I meant.

I meant clarification, not "the ToS hasn't really changed" followed by a bunch of vague statements that still doesn't actually say anything and still doesn't clarify what is and is not acceptable on LJ.

In case you're wondering, the issue is all about how you are interpreting the ToS. Since we can't read minds, we need you to tell us point blank. Which you're not.

And no, we're not whining. This is what happens when your user base has stopped trusting you. We're looking for loopholes where you could conceivably screw us over. This is about protecting ourselves, which obviously clashes with your need to protect your interests.

Really, the comments to the post say it better than I can at this point.

Look, answers in blunt English would be good here. Even if they're answers I don't like, something more than these vague statements and transparency that's about as transparent as mud is not an answer.

*throws up hands*

So much for that clarification...

[identity profile] nidoking.livejournal.com 2007-06-21 02:56 pm (UTC)(link)
The Internet has created an unprecedented way for people to use resources in foreign countries while remaining in their home country. In the U.S., it's illegal to possess material that's considered child pornography. This means that by Six Apart hosting Livejournal, any child pornography on their servers is illegal, regardless of who put it there and where that person lives. If someone wants to set up a livejournal.uk server in another country and host certain accounts there, arrangements might be made for people to host material in the country of their choice and abide by its laws instead. As for encouraging a friend to drink, I don't think you'd be suspended for that - first off, someone would have to report you for it, and they'd still have to evaluate it in context because I'm pretty sure that just typing about drinking isn't illegal here. It's GIVING or SELLING alcohol to a minor that's against the law, and you're certainly not doing either. (Advertising targeting minors is also illegal, but I don't think LJ entries count.) Since it's not illegal for you, the person you're talking to (being a U.K. citizen), or Six Apart, I don't imagine they'd have a problem with it. And we're fighting for cases of that nature to earn warnings anyway, as long as it's not blatantly illegal, so the person has a chance to remove the material rather than be banned outright.

[identity profile] blade-girl.livejournal.com 2007-06-21 03:10 pm (UTC)(link)
In the U.S., it's illegal to possess material that's considered child pornography. This means that by Six Apart hosting Livejournal, any child pornography on their servers is illegal, regardless of who put it there and where that person lives.

I think this would depend upon the definition of the word "possess."

[identity profile] blade-girl.livejournal.com 2007-06-21 03:19 pm (UTC)(link)
To clarify my previous statement...

Obviously, the pornography is illegal, no matter what. But I think the issue of who would be held responsible for it depends on how "possess" is defined. It's the difference between arresting a renter for having illegal drugs in the house and arresting the renter and the landlord, who provided the house for a monthly fee but didn't provide the drugs or have anything to do with putting them in the house.

[identity profile] rileysaplank.livejournal.com 2007-06-21 03:19 pm (UTC)(link)
It's GIVING or SELLING alcohol to a minor that's against the law, and you're certainly not doing either.

And this is where UK law differs from US law again, it's legal for parents to give an alcoholic drink to their children within the confines of their property as long as that child is at least five years old. Obviously setting out to get them drunk every other night would come under child abuse laws but as long as you moderate what they're drinking and making sure they're not drinking too much it's legal.

And where is the line between talking/typing about something and promoting that activity? If I discuss in detail how to do something that's perfectly legal in the UK but is illegal in the US, knowing that most of my F/List is based in the US, am I then promoting illegal activity? LJ/6A have made absolutely nothing clear at all and if I hadn't already got a permanent account in the last sale two years ago I'd have nothing more to do with the site. As it stands I'm already not posting here anymore and just using this journal as a comment only journal. I just don't trust the site anymore.

[identity profile] spiralleds.livejournal.com 2007-06-21 05:30 pm (UTC)(link)
And this is where UK law differs from US law again, it's legal for parents to give an alcoholic drink to their children within the confines of their property as long as that child is at least five years old.

As I understand it, at least in some US states, it is also "legal for parents to give an alcoholic drink to their children within the confines of their property." I'm not sure if there's an age minimum.

Which shows another problem that LJ/6A has to deal with - state by state the law is all over the place. In some states anal sex is illegal, in others it is not. I believe in certain states it is still on statues that it is not possible to rape one's wife - marrying was the provision of consent.

[identity profile] liz-marcs.livejournal.com 2007-06-21 10:38 pm (UTC)(link)
Right. See: age of consent and same-sex marriage. That's why you had people asking, "When you say illegal in the U.S., are you going to go by what 'most states' hold to be illegal or are you going to go by California law only?"

Even within the borders of the U.S. itself, what's legal and not legal can vary wildly from state to state and that's certainly caused problems in the past.