Protecting Educational and 1st Amendment Rights of on-line Posters vs. infringements by Moderators and Owners of Forums/Blogs
A typical Forum clause of the past:
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FORUM RULES: In order to proceed, you must agree with the following rules:
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The owners of .................... Forum reserve the right to remove, edit, move or close any thread or post for any reason... I have read, and agree to abide by the ........... Forum rules.
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REGISTER
More modern version:
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The owners of .................... Forum reserve the right to remove, edit, move or close any thread for any reason...
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Note: the word "post" is gone. The clause is non-enforceable under the Contracts of Adhesion, (infra *) whereas your intellectual property is contained in the Post(s.)
Let's say you quoted a legal case and posted at the Forum where you are a member. You had to click on accept button next to REGISTER prior to that or could not become a member i.e.
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take it leave it! So far the posted quote is not your, intellectual properly you reposted Public Domain data. However, when you analyze that case and include your, own comments in the same Post,
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1. blocking your access to that Post or 2. deleting it or 3. baning you is a Breach of your WORK - YOUR, INTELLECTUAL PROPERTY and violation of YOUR RIGHTS IN CYBERSPACE [that is space-location where you have Rights and Obligations Note:
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the Constitutional Rights ARE NOT SUSPENDED IN CYBERSPACE, where Web-surfacing can be traced to the operations on-line arising out of the US and or Citizens and/or Inhabitants of the US or American Territories. Any time your own data or art is added to a Post, containing work from the Public Domain, no one has a right to edit or delete it, anymore, notwithstanding
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1. threats of violence falling under harassment 2. pornography beyond artistic expression.
A parallel may be drawn next to the Consumer laws which
prohibit owners of stores to discriminate Consumers and allow some in, keeping others out (blocking) or throwing them out (banning) based on personal preferences unless the Consumers use or
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1. threaten violence and/or 2. involved in acts, falling under pornographic in public place and/or 3. lawful dispute substantiated by solid evidence by an individual who claims copyright infringement has been opened, whereas both: the Forum's Administration and the alleged violator are, equally, notified by the same dispute and proof. All parties have a right to rebut, whereas Archived copies serve as evidence as well. Any deletion of the Archives and blocking response from the alleged violator is a violation of Rights by itself and may serve as evidence of harassment of the alleged violator the targeted member. Legitimate cases always can be supported by evidence absent interference with a response, whereas 1. blocking and 2. banning is self-evident of harassment and, some plot vs. the targeted member. Expect accusations of paranoia, being a whiner or whoever. All -irrelevant. You have Rights on-line as anywhere else and stand by them.
[I purposefully do not overburden you with legal terms to illustrate general, simple principles.] Substitute owner of Administration of a store with Administration or Moderators on-line and the parallel becomes self-evident.
_________________________ Infra *
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adhesion contract n. (contract of adhesion) a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained.
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Examples: 1. a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. 2. Forum's Administration provides registration to members on take it or leave basis, whereas shifts all rights to itself, purposefully failing equal protection of both sides (unilateral contract.) An adhesion contract can give the little guy the opportunity to claim in court that the contract with the party of superior, bargaining power is invalid. This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer.
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unilateral contract n. an agreement to pay in exchange for performance, if the potential performer chooses to act. A "unilateral" contract is distinguished from a "bilateral" contract, which is an exchange of one promise for another.
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Examples of a unilateral contract: 1. "I will pay you $1,000 if you bring my car from Cleveland to San Francisco." Bringing the car is acceptance. 2. On-line. "Forum's Administration retains all rights to your posts and may modify, remove your posts or ban you at its discretion." Such disclaimer fails to address the intellectual property laws. __________________