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Well, they're at it again 
3rd-Aug-2007 04:49 pm
witch, disapproval
And this time LJ are suspending journals on the sly, trying to avoid public outcry. Like before, I'm slightly torn. Because on the one hand, there's principle of free speech, and the fact that paying customers deserve to be told before their service is terminated, and on the other there's the "because I was not a..." argument - I don't write incest, non-con, or anything graphic, and I don't particularly want to read it, y'know?

I'm staying. I'm staying because someone else paid for this journal and until I know longer feel like my journalling soul belongs to someone else, I'll not want to move. However, if you do move to GJ or IJ or somewhere,  you might want to find innerbrat and friend me, that's all I'm saying.

HOWEVER, I am thinking of setting up a sandbox game on InsaneJournal. Y'know, like mixed_muses or playinginsand, but over there. They have more free icons, y'see.

liz_marcs is as on the ball as always.

bubble_blunder has a link round up.

synedochic explains the US legal situation in "The solution to bad speech is more speech"
In the eyes of the law, in the eyes of law enforcement, in the eyes of the people who make the legislation, a drawing of a sixty-year-old Character A giving a blowjob to a twelve-year-old Character B is identical to a picture or a video of a sixty-year-old Person A giving a blowjob to a twelve-year-old Person B. This holds true whether Characters A and B are Dumbledore and Harry Potter or "that creepy guy who lives down the road" and "his next-door neighbor he fantasizes about".
And elke_tanzer gives advice for the peeps about backing up and such like.

And finally, and rather chilling, the Rolling Stone article on the people for whom entrapment and inciting LJ into witch-hunts is a fucking game.

In 2002, Von Erck, at the time a tech for a TurboTax-like computer program, and Frank Fencepost, a thirty something tattoo artist and motorcyclist, began playing tricks in chat rooms in Portland, Oregon. Fencepost took things to another level, telling guys to come over with Taco Bell and pizza, then meeting them at the door with a raised baseball bat.
3rd-Aug-2007 04:16 pm (UTC)
LJ you are making other journals look VERY attractive now...
3rd-Aug-2007 04:21 pm (UTC)
Thanks for the link to synedochic's post. It says a lot of the things I have been wanting to say to fandom that if I tried to say would come out all wrong.
(Deleted comment)
3rd-Aug-2007 05:15 pm (UTC)
They didn't change their ToS to reflect this, even if one of the talking heads may have promised it at some point. AFAIK, this clause is still fully in effect:

LiveJournal reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that LiveJournal shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

(Deleted comment)
3rd-Aug-2007 05:28 pm (UTC)
I'm there with you, and I've a permanent account.

I don't blame the talking head, though. I may question his integrity (see: Tony Snow), but he's just parroting what the powers that be want him to say. You'll note that in response to the May strikeout, LJ/6A propped up burr86 to speak on matters that he wasn't entirely clear on. As a result, fairly important questions like, "Why are you only enforcing obscenity laws having to do with underage content?" went completely unanswered. Essentially, he provided the message he was given and then bugged out.
3rd-Aug-2007 04:57 pm (UTC)
WRT Fandom, the phrase "think about what the law says where you are ferchrisssakes!" pretty much sums up some of my opinions. If you're in Japan there probably won't be nearly so many issues with fictional explicit material. In America you're opening up a big can o'worms by making Harry/Dumbledore slash.

The Rolling Stone article scares me. While in some cases I can understand setting up a sting operation to catch paedophiles, this should never be done by private individuals, the law shouldbe changed to allow them to be charged with entrapment.
3rd-Aug-2007 05:04 pm (UTC)
LJ/6A has already stated that enforcement will be according to the laws in the States, since that's where LJ/6A's servers are housed.
3rd-Aug-2007 05:18 pm (UTC)
Totally off topic, but your icon brings me joy.
3rd-Aug-2007 05:29 pm (UTC)
My one regret is that the sign mod itself isn't mine. ^_^
4th-Aug-2007 09:08 am (UTC)
In which case you're in the US, so you follow those rules. The fact that the rules aren't exactly clear and are open to all sorts of twisting (-vis-a-vis the teacher convicted of "corrupting the morals of minors" by allowing them to see porn pop-ups on a spyware infested machine) is a pain, but you have to deal with it.

As with other people the lack of notice that certain users' content crosses the line, and the whole cack-handed manner in which this has been handled again is the unnacceptable part.
4th-Aug-2007 01:46 pm (UTC)
That's just it... it's doesn't matter where the user is located because LJ/6A are basing their policies on obscenity laws in the States. It doesn't matter if one is posting from London, Tokyo, or a secret undersea dome. Where you are is irrelevant. Where the servers are housed has determined the rules set that we all must play by.

As to the lack of notification, it's covered in the TOS:

LiveJournal reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that LiveJournal shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

And also:

You agree to follow the following guidelines for posting Content to your online journal:
5. You acknowledge that LiveJournal does not pre-screen Content, but that LiveJournal and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any Content that is available through the Service. Without limiting the foregoing, LiveJournal and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, LiveJournal reserves the right to limit access to your journal, if found in violation of the TOS, including without limitation the Member Conduct described below, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding LiveJournal's users.

That said, I agree that our friends on the abuse team have been rather ham-handed in their crusade. I also think that their enforcement has been selective and find it regrettable that they have offered no real guidance as to how they will approach their enforcement. They continue to cite their personal commitment to free expression, but their actions are looking more and more like corporate reactionism.

4th-Aug-2007 08:58 pm (UTC)
I meant that if you post on LJ then for legal purposes you are "in the US" even if you're physically in your secret undersea dome. :)

Just beacuse they can remove an account without notice doesn't mean they should. Employers do this kind of thing all the time -usualy citing the "needs of the business" clause in your contract. Just because they can do something in this manner doesn't mean they should. It doesn't foster loyalty, and you lose the people who make the environment fun to be in.
3rd-Aug-2007 05:18 pm (UTC)
I'm going to be here in some capacity until January when my paid account comes up for renewal. That's probably when I'll make a final decision about jumping LJ ship or not. If I head somewhere else, at the moment the best bet looks to be InsaneJournal.

I totally second the motion for an M_M-esque comm over at IJ; I was having similar thoughts earlier and think it'd be a badass idea.
3rd-Aug-2007 05:59 pm (UTC)

I've got thinking to do.

There is the issue of "hay, fandom, maybe you should think about real laws first," but it really pisses me off that there's no notice, blah blah, not to mention probably the worst userbase handling since the events that led to the French Revolution.
4th-Aug-2007 02:23 am (UTC)
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