This is pretty disingenuous. You really think their assumption that Dropship would quickly turn Dropbox into an illegal file sharing haven is an unrealistic grasping of straws?
This is pretty disingenuous. You really think their assumption that Dropship would quickly turn Dropbox into an illegal file sharing haven is an unrealistic grasping of straws?
Can dropship be used for illegal file sharing? Yes.
Is dropship being used for illegal file sharing? No, until proven otherwise.
Legal penalties are applied for the cases depending upon what happens/happened, not what could happen.
That being said, my understanding of law is deeply based on my country's law. The case might be different in the country dropbox is incorporated.
EDIT - I got a lot of downvotes for this reply. Can someone (who intend to downvote this comment), please explain where I am missing the point and/or being wrong?
Dropbox is a private service, and any notices stating that users cannot sync certain files when they use their product under penalty of removal of their account can be enforced, just like any brick and mortar store can enforce a "no shoes, no shirt, no service" policy and refuse to give service to anyone they please, even for trivial matters like whether or not the patron/user is wearing clean socks.
Punishing for the suspicion of crime, rather than actual crime, just because you are can get away with it, is evilish and not nice. I expect better from Dropbox, we all know and love.
Can dropshiip be used for illegal fire sharing? YES, in fact, that was the suggested and intended use. Under American case law, which governs Dropbox, that alone is enough to constitute a DMCA violation (see, e.g. Napster, Kazaa, and succeeding cases).
Dropbox took dropship down to prevent future legal issues. Since it's their service, they don't have to wait until they occur actual legal liability to act.
That being said, I realize Dropbox(or Corporate entities in general) is not government and/or legal system and it is not required of them to follow laws, which are applicable for governments.
However, Laws are legal representation of morals/ethics, which are applicable for every entity in the society, for its effective operation.
While the law is codified as Presumption of Innocence, its underlying sentiment, from moral point-of-view, Judge/punish based on definitive actions not speculations, are applicable for all entities of the society.
Not only are you not a lawyer, but you are also struggling with some basic concepts regarding the implementation of laws.
Laws, implemented as statutes, have no association with, or bearing on, morals which are purely a cultural phenomena.
I understand that you disagree with how Dropbox went about protecting themselves from civil liability, however the violated no laws by their actions.
I absolutely do not disagree with how Dropbox went about protecting themselves. What I disagree with is, trying to claim a tool or technology can be anti-law, rather than its usage.
All pieces of technology, from Atom energy to Internet, can be used for both wonderfully good or evil. What I am trying to say is, Laws are (should be) applied how a technology is used, not what technology is used.
That being said, I am not trying to defend or endorse dropship's reverse-engineering of Dropbox's proprietary code, and hence infringing the ToS. It certainly looks illegal.
> however the violated no laws by their actions.
Never disagreed.
Additionally, you're conflating society, which is comprised of a group of people, with culture, which is a product of a group of people that aren't necessarily members of the same society.
Christian culture defines a moral code by which they measure themselves. That culture is present in many societies and can influence (or not) the societal debate on governance (witness the current California constitutional ban on Gay Marriage as an example).
That leads to people who are culturally opposed to laws enacted by the society in which they happen to live.
Laws are enacted by the constituents of a nation-state as a means of defining roles, rights, and remedies. The process by which they are proposed, debated, and enacted is internally consistent but varies between governing bodies.
If you re-phrase whatever point you were trying to make by consistently using words with meanings we can agree on, then maybe we'll have something to disagree about.
For example, the government has no right to privacy whilst we as individuals do.
Courts have upheld these terms of service/use agreements in many cases; just googling ProCD v. Zeidenberg will give you more information, if you're interested.
But keep in mind the US part of the internet is by and large a collection of privately held entities. By your logic, it's completely reasonable for Sen. Lieberman's to place calls to Amazon to suggest websites and services they might want to review for ToS violations and take them down.
It cuts both ways dude. One day Dropbox, your ISP, whoever could decide that they don't like something you wrote (in code or in opinion) and "happyfeet" is then in violation of their ToS.
In fact, Dropbox is probably reading your comments in this thread right now. They might just decide your files are in need of review.
DropBox is a private company, whose behavior should be viewed based on what their ToS are, and how they stick to them.
They don't have to prove anything - if one is engaging in behavior, or taking action that jeopardizes Drop Box as a service, or as a company, something they have worked really, really hard for, their rational response is to shut down the person engaging in that behavior.
What DropBox is saying is that regardless of whether you think they should become the next RapidShare, or BitTorrent - that's not a business they are interested in - regardless of whether you think you might have some excuse as to why your behavior hasn't proven to be illegal file sharing.
These are not legal penalties. This is not about the Law. Drop Box is not the government. They do have the right to refuse service, and, in fact, to shut down uses of their service that they are not comfortable with.
I think another reason why you are getting down voted is that a lot of the people on YC have worked really, really, really hard to build these types of services, and get frustrated when people fundamentally don't get it.
Not supporting something that a small number of users want if it would make the service worse for other users is the sort of decision every web service makes every day. Why isn't this just another case of that?