Comment by jacquesm
9 years ago
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.