Comment by schubidubiduba

14 hours ago

TOS are not laws. In fact, they often partially violate laws and those parts are then void. In some countries, anything written in TOS that is not "expected to be there" is void.

Ok but I don’t really see why this specific term would violate any law? Do we really want a society where platforms are forced to present speech that is harmful to them? If you own a store and I put a sign up on your wall advertising a rival store wouldn’t it be reasonable for you to disallow that?

  • An alternative reply, with analogy, if you like them:

    You own a restaurant, where you sell poisoned (intentionally and knowingly) food. A group of people band up for class action lawsuit for poisoning them, and have the lawyers post a sign at your restaurant, that everyone poisoned there should reach out and get some compensation.

    Should you be allowed to take the sign down?

    • They shouldn't be allowed to put the sign up unless it's court ordered.

      I know this answer doesn't pass the vibes test, but it's how the law actually works. If you post a sign on someone's property without permission, you'll get in trouble for trespassing, vandalism, or both.

      So get a judge to issue an order. In a serious situation, they very well might.

    • How is that even a question? Of course I should be able to take the sign down.

  • It’s not a rival store, or speech against them.

    It’s a lawsuit, with the users of the platform as the damaged party, against the platform. Removing the possibility to reach the users should result in a default judgement with maximum damages immediately.

I kind of wish countries would just define, "terms of service" for everyone and not allow companies to modify them further.