(no subject)
Apr. 4th, 2017 12:37 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
eubWith this User non-Agreement I'm afraid I'm about done here. Too bad, Livejournal had a pretty good run for most of... has it been 20 years? Update to follow, I'll see if I want to have a go at Dreamwidth or place my eggs in the Google Plus basket.
The "here's your user agreement, except it's not legally binding actually" is some bullshit. Serious multinationals translate their ToS and have them legally reviewed in significant target languages. Granted English-speakers are a minority, but if you wanted to keep them you pay the money for legal translation services.
Also, I am not pleased to be taken as "subject to Article 10.2 of the Federal Act of the Russian Federation No. 149-ФЗ if more than three thousand Internet users access the Blog (the Blog’s page) within 24 hours" since that could happen outside of my control and I have no idea what this Russian law says. Something something intellectual property enforcement.
Also, and this is the biggest eyebrow-raiser to me, "User who posted comments in Blog and User keeping such a Blog shall be jointly and severally liable in respect of such comments" wtf. That's claiming that I as the journal owner will be fully liable for comments made by some internet random: as I understand it, "jointly and severally" means if there's any libel or other legal harm, a plaintiff can collect full damages from me, and if I say the internet random was the one at fault, it's my job to sue the internet random and enforce a judgment.
Also, combine this with that they appear to be claiming I'm liable under Russian law for that internet random's actions on my journal: "User shall be liable for breaching the terms and conditions hereof, including the requirements to Registration and Content posting, as well as for violation of applicable laws committed by User, including the laws of the Russian Federation and the laws of User’s residence"
I suspect that's a try at extraterritoriality that won't stand up -- I actually suspect the entire "you have to agree to our shrinkwrap contract you can't read" effort may be shaky -- but I think this ToS does it for me.
The "here's your user agreement, except it's not legally binding actually" is some bullshit. Serious multinationals translate their ToS and have them legally reviewed in significant target languages. Granted English-speakers are a minority, but if you wanted to keep them you pay the money for legal translation services.
Also, I am not pleased to be taken as "subject to Article 10.2 of the Federal Act of the Russian Federation No. 149-ФЗ if more than three thousand Internet users access the Blog (the Blog’s page) within 24 hours" since that could happen outside of my control and I have no idea what this Russian law says. Something something intellectual property enforcement.
Also, and this is the biggest eyebrow-raiser to me, "User who posted comments in Blog and User keeping such a Blog shall be jointly and severally liable in respect of such comments" wtf. That's claiming that I as the journal owner will be fully liable for comments made by some internet random: as I understand it, "jointly and severally" means if there's any libel or other legal harm, a plaintiff can collect full damages from me, and if I say the internet random was the one at fault, it's my job to sue the internet random and enforce a judgment.
Also, combine this with that they appear to be claiming I'm liable under Russian law for that internet random's actions on my journal: "User shall be liable for breaching the terms and conditions hereof, including the requirements to Registration and Content posting, as well as for violation of applicable laws committed by User, including the laws of the Russian Federation and the laws of User’s residence"
I suspect that's a try at extraterritoriality that won't stand up -- I actually suspect the entire "you have to agree to our shrinkwrap contract you can't read" effort may be shaky -- but I think this ToS does it for me.
