Legality surrounding DP

Discussion in 'Legal Issues' started by kashirakaze, May 8, 2009.

  1. #1
    I was just curious because of the nature of this forum if it would be considered illegal to wrongly deny someone this service? For example, say someone gets banned unjustly (which you see people complaining on every page of the Suggestions/Questions forum), shouldn't there be some sort of appeals process to ensure this was a justified decision? I mean, what if a staff member simply is having a bad day and so they fly off the handle and ban some people? This ban might have profound effects on those individuals, maybe even crippling their entire financial income stream. Is such a denial of service illegal? I know that when registering we have to agree to abide by the rules, but this obviously does not give them free reign to do as they want.
     
    kashirakaze, May 8, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    You have the legal right to go to another forum. DP doesn't owe you a right to a revenue stream or anything else.
     
    mjewel, May 8, 2009 IP
  3. advertspot

    advertspot Peon

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    #3
    DP is owned privately therefore they have ultimate say!
     
    advertspot, May 8, 2009 IP
  4. Nonny

    Nonny Notable Member

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    #4
    And if you read those threads the vast majority of people complaining did clearly break the rules. The complainers often argue that they shouldn't be penalized either because they didn't know they were breaking the rules or because they didn't think the rules applied to them, which is a pretty bad argument. If being a DP member is an important part of your business plan (or your social life), there's no excuse for not taking the time to be sure you understand what is allowed and what is not. I've been here a while and have yet to see a ban that really looks like the random act of a bad moderator.
    Sure it does. DP is private property, and they have the right to kick people out. They don't owe the members here anything.
     
    Nonny, May 8, 2009 IP
  5. hostlonestar

    hostlonestar Peon

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    #5
    It's just like when people complain that forum rules break their 1st amendmant right to free speach. DP is a privately owned and operated forum. The free speach thing, well, the 1st only protects you from the government, not from a private party.
     
    hostlonestar, May 9, 2009 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    Unless any applicable law or decision from a court of competent jurisdiction is
    saying such is illegal, no. Then again, look up right of refusal and your Terms
    Of Service, contract, whatever it's called with the one you want to consider
    using.

    But even if DigitalPoint or any online forum has some kind of dispute resolution
    system that doesn't produce a favorable result for an affected party, the said
    party is always free to dispute that result in court if they wish. Only catch is
    if they have the time and resources to pursue such an action, more so if they
    even have a practically enforceable claim.

    It's rather sad when some people think the U.S. First Amendment gives them
    the right to do whatever they want in other people's property, more so those
    outside its applicable jurisdiction, and start complaining about their so-called
    right being curtailed. As if they're immune against others wanting to also have
    their way with them, too.

    After all, there's a difference between a right and a privilege. Whatever they
    mean to various people.
     
    Dave Zan, May 10, 2009 IP
  7. hmansfield

    hmansfield Guest

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    #7
    Best way to avoid any loss, is not to make a forum the basis of where you do business. You have no control over it.
     
    hmansfield, May 10, 2009 IP
  8. tv-dp

    tv-dp Peon

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    #8
    Same way you can expel anyone from your house DP can kick you out for no reason other than hating your face. DP don't need to justify their decision.
     
    tv-dp, May 10, 2009 IP
  9. Whitey

    Whitey Active Member

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    #9
    DP is a privilege, not a right.
     
    Whitey, May 10, 2009 IP
  10. sacofrome

    sacofrome Guest

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    #10
    PRIVATE PROPERTY - dont like their decisions go elsewhere or start your own
     
    sacofrome, May 11, 2009 IP