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I am addressing this very seriously to EVERY lawyer with legal expertise in copyright infringement and fair use, and I'm also addressing this to any lawyer well-versed in the legal statutes on internet child pornography.

As I'm sure many of you already know, pornish_pixies was permanently deleted today by Livejournal.com, along with a number of other communities with "incest" as an interest, an incomplete list of which is here.

Straight up, people. What are our options as a fandom to fight this? What are all our options to fight this, and how can we as a fandom collectively work to deal with Six Apart in this issue?

Please respond, because I really, really want to get started on the part where the fandom rallies together to make our voices heard by Six Apart.



May. 30th, 2007 03:58 am (UTC)
They are claiming they "must" do this because to leave the journals active would open them to charges that they support the activities in question. They are saying not "we can shut down any journal at any time" but "this is a TOS violation: you are advocating [rape/violence/incest/pedophilia/whatever] and therefore LJ must shut down your journal or be considered an accessory to the crime." (paraphrased. Probably badly. IANAL nor a law student.)

Exact quote:
...we have been advised that listing an interest in an illegal activity must be viewed as using LiveJournal to solicit that illegal activity....

They're claiming a legal reason, not "we reserve the right to refuse service to anyone," for shutting down journals. We need lawyers to tell them that listing an interest for discussion purposes doesn't indicate support of the activity under discussion.
May. 30th, 2007 05:47 am (UTC)
My reaction to this is 'bullshit', but I think they're just using that as any easy excuse. They're not so much afraid of losing a court case as being involved in one at all, and unfortunately, no reasonable legal arguments are going to help with that.
May. 30th, 2007 06:24 am (UTC)
Of course they're using that as an easy excuse. It even directly contradicts what they've said to complainers in the past, which is that a person/community would have to be openly advocating or giving instructions for criminal activity to shut down a journal.

We want either the journals restored... or LJ to admit "we are shutting down journals left and right because some fundamentalist group screamed scary words at us."
May. 30th, 2007 12:15 pm (UTC)
>>>They're not so much afraid of losing a court case as being involved in one at all...

With the cost of legal fees being what it is, I don't blame them. This is a big, huge, gray-area can of worms to be dragging into open court.
May. 30th, 2007 01:20 pm (UTC)
the cost of legal fees...
...will pale next to the money they're going to lose when possibly thousands of folks who were going to drop $150 on a permanent account next month say 'forget it!'. Two in this household right here.

May. 30th, 2007 03:48 pm (UTC)
A few weeks ago, I posted about Digg.com taking a stand by saying that hosting DIGGs of the code to crack a DVD encryption wasn't a violation of US copyright laws and if it was, they were willing to defend their hosting of the links in court.

Why is DIGG so willing to take that sort of risk in a situation where the liability could be considerable, but SixApart is so wimpy that they can't even investigate the content of the communities and journals in question?
May. 30th, 2007 10:42 pm (UTC)
For the same reason Google was willing to help censor internet in China.
May. 31st, 2007 07:33 pm (UTC)
Digg wasn't willing to take that sort of risk, it was forced on them. They tried to suprress that number but were so overwhelmed by submissions they gave in.

If digg was really willing to take that risk they wouldn't have pulled the posts in the first place.
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Nothing in this community, its posts or the comments thereto should be considered as specific advice. Your access to and use of this Community means that you understand and acknowledge that no attorney-client relationship exists between you and any poster or commenter hereto, and that the Community should not be used as a substitute for competent legal advice from a licensed professional attorney/counselor/solicitor in your jurisdiction.


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