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#1 2004-06-01 16:01:38
"Compliance with Law" section of AUP
Regarding the AUP Dean asked that we read...
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation... Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Am I to interpret this as meaning that I am, with respect to this Acceptable Use Policy, only responsible for ensuring that my hosted site(s) is/are in compliance with the laws of my own country, state or province, municipality, etc.?
If I'm to keep my site in line with the laws of any and all countries anywhere, I'm already SOL. I've said things on my weblog that are protected by the First Amendment in the US but would get parts of my body chopped off in some other countries. Also, putting the determination of the violation in "the sole judgment of the Company," while giving the customer sole responsibility for determining the extent and nature of their legal and contractual obligation seems somewhat vague and lopsided.
Sorry if this posts seems to be splitting hairs over a part of the AUP that was obvious to others. I am, perhaps, overly sensitive about First Amendment and personal liability issues. I found this portion of the agreement somewhat hazy in it's language.
Last edited by Adam (2004-06-01 16:03:57)
"Peculiar travel suggestions are dancing lessons from God." -- Kurt Vonnegut
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#2 2004-06-01 16:17:49
Re: "Compliance with Law" section of AUP
Well, I can assert that this clause is merely a catch-all intended to cover egregious violations. I can't imagine it will ever be the 'sole judgement' of the Company that speech protected under the US constitution's First Amendment constitutes such a violation.
Text*
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#3 2004-06-01 16:20:53
Re: "Compliance with Law" section of AUP
It just means that don't have to sue you or get the FBI involved to remove something like child pornography, or an mp4 copy of a movie that still in theatres. An AUP can't create law.
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#4 2004-06-01 16:30:34
Re: "Compliance with Law" section of AUP
Just out of curiosity Dean, are you in anyway bound to follow French law pertaining to allowable content. I know the servers are located in the US, but I also know that you are an owner of the company and reside in France. I'm not sure about British law, but I believe both the EU and France really, really frown on neo-Nazi content for instance.
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#5 2004-06-01 16:34:09
Re: "Compliance with Law" section of AUP
Thanks for your response, Dean. I had no doubt of your own good intentions, but I didn't know what the governing law for the contract would be since I don't know whether TextDrive is incorporated in the US or France. I just wanted some reassurance that I understood the policy and its interpretation by the company properly. Thanks for providing that.
Sorry for being a pain in the ass. ;-)
"Peculiar travel suggestions are dancing lessons from God." -- Kurt Vonnegut
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#6 2004-06-01 16:38:00
Re: "Compliance with Law" section of AUP
While I have no intention of posting "neo-Nazi content" as such, Damelon brings up an excellent point. In Germany, for example, it is illegal to display a swastika for any reason (I'm not sure where French law stands on this, but this is just a "for instance").
What if (for instance) I wanted to include the image of a swastika in a parody cartoon of Microsoft business practices or Bush administration policies?
"Peculiar travel suggestions are dancing lessons from God." -- Kurt Vonnegut
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#7 2004-06-01 16:41:01
Re: "Compliance with Law" section of AUP
TextDrive is a California corporation and the servers are in Texas. So the only laws we are bound to are US federal, CA and Texas state laws.
Dean's Textpattern Inc. (actually SARL Textualit
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#8 2004-06-01 16:45:21
Re: "Compliance with Law" section of AUP
Adam, your questions are good ones.
Basically, don't put up nude pictures of children, graphic images of violence (for example, we won't be hosting beheadings) or make material that isn't yours available to the world without the copyright holder's written permission. We become criminally liable in the first two cases, and if we let illegally used and copyrighted material (and the material was registered with the U.S. Patent and Trademark Office) then we can get hit with a hefty, statutory fine without the person having to prove damages in court.
Other than that: express yourself how you want.
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#9 2004-06-01 16:48:57
Re: "Compliance with Law" section of AUP
jason wrote:
An AUP can't create law.
True, but it can guide the interpretation of the law in a specific case. It also carries the force of law as an element of the hosting contract between TextDrive and its customers, unless part of the contract is found to be unenforceable under or in conflict with the laws of the local or national government that has jurisdiction over the contract.
You'd think I was a lawyer to hear me talk (God forbid). Actually I'm just the son of an independent businesswoman, and I soaked up a lot of info over the years about covering your ass in business -- both from the client side and the service provider side.
In other words I'm not trying to be combative, I'm just trying to clarify. I understand how necessary the AUP is for TextDrive, and I want to make sure that I know the responsibilities I have under that agreement.
"Peculiar travel suggestions are dancing lessons from God." -- Kurt Vonnegut
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#10 2004-06-01 16:51:45
Re: "Compliance with Law" section of AUP
Jason:
Just saw your last two responses after posting my previous message. Thanks for the info -- that clears up a lot. :-)
"Peculiar travel suggestions are dancing lessons from God." -- Kurt Vonnegut
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#12 2004-06-01 16:55:44
Re: "Compliance with Law" section of AUP
jason wrote:
When it comes to this stuff, I'm like Ben Franklin.
That's probably the most reassuring thing I've heard in a week. Thanks.
"Peculiar travel suggestions are dancing lessons from God." -- Kurt Vonnegut
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