Comment by LeifCarrotson
9 years ago
The site could, in theory, sue Cloudflare for failing to provide the services they paid for.
That is, they could do so if they paid anything for the services they received (they didn't).
And it's only if Cloudflare didn't have a "we reserve the right to discontinue services at any time for any reason at our sole discretion" clause in their ToS (they do).
Of course they can sue. Anybody can sue anybody else for whatever fancy they have. But that's not the same as winning that suit.
There's no need to be pedantic here. When a layperson talks about the ability of one person to sue another they mean the high likelihood of winning said suit.
We all know what the parent meant.
There's more to suing than the likelihood of winning. War of attrition is a big one. If you have a lot of resources you can sue just to cause financial damage, emotional distress etc to the defendant without having to actually eventually win the case.
So it's completely fair that when a layperson talks about the ability of suing, they're talking about net losses from that process and not necessarily about the final verdict.
> There's no need to be pedantic here. When a layperson talks about the ability of one person to sue another they mean the high likelihood of winning said suit.
well, I'm a layperson and I would not interpret it that way. Suing someone is taking a gamble, and that gamble does not necessarily pay off. In this particular case the 'high likeihood of winning said suit' is not all that high.
> We all know what the parent meant.
You only speak for yourself and you definitely do not speak for me.
5 replies →
thats the complete rebuttal? I could see a judge granting summary judgement in favor of Daily Stormer before Cloudflare even gets around to responding.
> I could see a judge granting summary judgement in favor of Daily Stormer before Cloudflare even gets around to responding.
Yes, you wrote the same thing upthread. But you are not a judge so what you see or do not see isn't all that important here, what is important is how judges have found in other cases and it is typically quite hard to force a company to do business with any entity they do not wish to serve unless that entity is part of a protected class, which Neo Nazis are not. So on what grounds do you feel that Cloudflare would absolutely have to accept every customer that wishes their service? They're not a common carrier.