Thursday, August 25, 2005

You are in Violation of....

After my recent post about hacking the Navbar from Blogger I got a comment from one Graeme about the possible violation of the TOS. A bit worried about this because I hadn't considered it before I went ahead and researched it just to be on the safe side. I actually went through and read both the TOS with Blogger.com and with Blogspot.com . Here is my personal opinion on the matter (we all know how wrong that could be).

It is possible that I am violating subsection

“(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;”
from Section 4 of TOS with Blogspot.com

However, it is my personal opinion that the new flag button gives other members the ability to easily violate this section.

“Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.”
From Section 12 of TOS with Blogger.com

Another thing for them to keep in mind is this section
“You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.”
From section 4 of TOS with Blogspot.com
Right there it tells everyone that you may occasionally find something offensive, indecent, or objectionable...earlier in the TOS they state that you shouldn't use Blogger.com or Blogspot.com to violate any laws. I really don't understand the reason for the flag button except that it may eventually be adapted to help us the members police ourselves from spammers and others who would violate the law with the services and cause possible legal problems for Blogger.com and Blogspot.com I do not want this to happen as I enjoy a free place to blog and keep friends up to date on what I am doing. Therefor I am against the current implementation of the flag feature but would like to see it become a feature where we the members use it to help Blogger be policed against potential illegal activity not against the subjective opinion of what is "objectionable". Thank you.

7 comments:

fishhead said...

Personally, I think it might be nice if the plethora of generic business/product blogs got flagged, but I definitely see how these flags can be a bad, bad thing. Blogging has been touted for so long as the last bastion of free speech so I think that people should expect to see free speech when they peruse the blogs. It seems like any unpopular opinion could get flagged and since there is no feedback to blog owners it seems like there is room for abuse of the system. At any rate I suppose if we all get p.o.ed enough we could just give blogger the finger and do without the push-button publishing features by creating our own blogs on other servers.

Crystal said...

I think your walking a fine line with the rules, but you definatly have a point that could be argued.

I think Blogger is mostly worried about lawsuits from parents and police due to children getting exposed to 'unsavory' things. Since there is no rules on content really, there is potential for the porn industry to weasle its way in, especially with unlimited photo hosting. So I think thats how the flagging issue came about, not to block anoying spam, though may be.

I think its a system that potentially could work if it is changed and modified. It could help stop porn (or at least viewing of unexpected porn) and help stop spam blogs all in one step. Just have to let blogger know how we feel, that we still want our freedom of speach uncensored.

Matthew Robinson said...

Well actually I think it could be construed that unacknowledged access into a pornographic website could be considered illegal. That is why all those porn sites have the age verification before showing "too much" (though they really walk a fine line). I don't want to see porn pages all over blogger, but someone talking about pornography or sex in a mature manner could be considered objectionable when it is really only mature...I mean if a kid can go into Barnes and Noble and read an erotic short story book then well maybe B&N should stop carrying all books...like my hyperbole? In any case I would like to see Blogger put out some guidelines rather then using the retarded "mob rule" they currently have. In any case I am merely boycotting the current implementation which is so vaguely defined as to be ridiculous. I want something that is clearer then mud when I look at it.

piggy twister said...

I kinda like the flag feature, but agreed that I was hoping blogger would track who flagged what for accountability..

And also agreed that spam blogs should be the target..

I am such a flag-happy

:-)

Just Another Traveler said...

Wow, you've generated quite a bit of chatter over this flagging issue. But no worries, I've seen a good handful of blogs without the toolbar (which makes it difficult to navigate out of them). Personally, I didn't even notice it. But should someone start flagging my account, I'll be sure to copy and paste. I may even do that anyway.

Oh, and in reference to the girl. Honestly, I was to busy hiding my shame and trying to get away that I didn't get a good look at her. But of what I remember: not that cute.

Crystal said...

We talk about blocking spam and porn and look what you get spammed with (well not quite porn, but a sex offender ::grin::).

Al S. E. said...

I am putting together a separate blog on this particular topic.