Comments on: Will EFF Defend MySpace Bully Mom? http://www.shoutingloudly.com/2008/05/16/will-eff-defend-myspace-bully-mom/ building a healthy information ecosystem Sat, 28 Jan 2012 15:41:14 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Crosbie Fitch http://www.shoutingloudly.com/2008/05/16/will-eff-defend-myspace-bully-mom/comment-page-1/#comment-216 Crosbie Fitch Fri, 16 May 2008 16:27:33 +0000 http://www.shoutingloudly.com/2008/05/16/will-eff-defend-myspace-bully-mom/#comment-216 ToS is not a contract. Agreement to ToS cannot be inferred from use of service. ToS merely informs the user as to the circumstances under which the provider reserves the right to terminate the service - signified by explicitly and directly informing the user and denying their further use of the service (in so far as the service provider is able). If the service has not been so terminated, then the user remains a legitimate user of the service. A more appropriate offence would be 'Conspiracy or malicious behaviour liable to induce self-harm, suicide or suicidal tendencies'. It is irrelevant whether this is achieved via real or virtual identities. It would be comparable to inciting violence or racial hatred say. But in this case, it's like inciting self-violence or self-hatred. ToS is not a contract. Agreement to ToS cannot be inferred from use of service.
ToS merely informs the user as to the circumstances under which the provider reserves the right to terminate the service – signified by explicitly and directly informing the user and denying their further use of the service (in so far as the service provider is able).
If the service has not been so terminated, then the user remains a legitimate user of the service.

A more appropriate offence would be ‘Conspiracy or malicious behaviour liable to induce self-harm, suicide or suicidal tendencies’.

It is irrelevant whether this is achieved via real or virtual identities.

It would be comparable to inciting violence or racial hatred say. But in this case, it’s like inciting self-violence or self-hatred.

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