Comment by ringaroundthetx
9 years ago
Can you give me several reasons why a judge wouldn't merely grant summary judgement in favor of Daily Stormer? Or why their arguments would fail?
"Cloudflare unexpectedly revoked our traffic mitigating service in the middle of our highest costly traffic, our costs went up this much. Cloudflare caused this, these are the damages, and here are the punitive damages to deter this behavior in the future, the CEO even said this is not company policy."
Because of this sentence from Cloudflare's Terms of Service:
"You further agree that if...Cloudflare, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Cloudflare’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Cloudflare may suspend or terminate your account without notice to or liability to you" [1].
If you don't want that kind of a service relationship, you negotiate a fixed-term contract up front.
[1] https://www.cloudflare.com/terms/ Section 10; also see § 15 (Termination)
that doesn't mean a judge wouldn't put the monetary damages square on cloudflare
> that doesn't mean a judge wouldn't put the monetary damages square on cloudflare
Section 10 (Termination) says "you expressly agree that in the case of a termination for cause you will not have any opportunity to cure." Sections 25 and 26 require arbitration under the AAA's rules and California law. I'd put the odds of remedy at close to nil. These (mandatory arbitration and contractually-agreed upon indemnification for termination of services) are well-set areas of law.
Disclaimer: I am not a lawyer. This is not legal advice.
Because it is pretty rare for a judge to side with a consumer who states they would like the judge to force the company to do business with them.
Neo Nazis are not a protected class in the sense of the word so they'd have to pull some kind of legal rabbit out of their head to make that work.
The fact that there are damages does not immediately imply that some outside party is liable for those damages. It merely means that you are back where you would have been without that outside party.
So even if Cloudflare caused this that does not immediately imply liability. So if the Daily Stormer wishes to sue Cloudflare they obviously can but I really doubt they will make it stick.
This isn't about a protected class, that wouldn't even be the argument.
Civil lawsuits only look at damages and the argument on what caused the damages. It is just about proving monetary damages.
Sure, but that all starts with you claiming you have a right to the service to begin with. And that's the hard part to prove here, especially since Cloudflare fairly explicitly reserves the right not to do business with anybody they don't feel like serving.