Okay, guys?

[conuly]

I'm not saying I understand all the legal talk that's being bandied about, because I don't. And I'm not saying I agree with what LJ's done, because I'm pretty sure I don't. Heck, I don't even think I know most of the story!

But I do understand this:

It's not a first amendment thing. The only people who have to follow the first amendment are the government. The US government. Specifically Congress, but that seems to be interpreted to mean "Any government, no matter how small or municipal, that's part of the US".

And last time I checked, LiveJournal was in no way the government. We don't pay taxes to LiveJournal, and they don't have cops, and we don't even have to pay for our journals. They can make a rule banning purple fonts, and suspending everybody who ever used a purple font, like, ever if they like. It'd be stupid, you know it and I know it, but it's still be legal.

So stop complaining about the first amendment. Complain about freedom of speech or illogic or whatever - but it's not the first amendment.

(Also, hate to burst everybody's bubble, but I really don't think that the petitions and machinegun commenting plans are going to work. Do they ever? You can spend your energy and time however you like, I guess, but... *shrugs*)

Comments

[l33tminion]

Probably.

The TOS says:

XI. TERMINATION

You agree that LiveJournal, in its sole discretion, may terminate your password, journal, or account, and remove and discard any content within the Service, for any reason, including and without limitation... You agree that LiveJournal shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.

If that was there when you agreed to the TOS and paid for your LJ subscription, you wouldn't have a case. If it wasn't there when you paid, the TOS also says:

XXIII. REVISIONS

LiveJournal may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.

I'd say there's some legitimate doubt as to whether a clause that allows a contract to be unilaterally renegotiated at any time without consent or knowledge of the other party is valid. However, IANAL, and I'm certainly not confident that such a clause wouldn't stand up in court.

(Also, I'm not saying I think such contracts are fair. I think they're absurd. (But that didn't stop me from agreeing to it anyway when I signed up for a paid account...))

[ladyshrew.livejournal.com]

(Also, I'm not saying I think such contracts are fair. I think they're absurd. (But that didn't stop me from agreeing to it anyway when I signed up for a paid account...))

::snerk:: Yeah, and ditto. I just didn't think LJ was such a wanky group at the time.

I sort of hope they might reconsider if there were enough lawsuit threats, though. Maybe.

I should just give up, shouldn't I? :-P

[l33tminion]

Lawsuits threats are only threatening when coming from people with copious spare time and money. Especially money.

[ladyshrew.livejournal.com]

See, my idealistic hope is that enough people will be angry enough to band together with money. And maybe they'll piss off some lawyers too, and . . .

Yeah. :-P

[ladyshrew.livejournal.com]

Oh!!! And all the time we stop wasting on LJ will give us copious spare time!!!!!!!