801 karma · joined May 13, 2024
Speaking of being disingenuous, when you say "Police can search phones to counteract human traffickers", did you think critically about that at all before writing it? Given one of the stated justifications is "preventing terrorism", and the UK has been illegally arresting Palestine Action supporters as terrorists for over a year, this seems a little naive at least.
Then why did you say "no harm was caused"? Clearly the harm of "using our copylefted work to create proprietary software" was caused. Do you just mean economic harm? If so, I think that's where the parent comments confusion originates.
What does the default have to do with it? We are already not in the default situation. Interacting with police at all is not the default! If you mean to say something like "it's not likely" or "they're not doing it in unreasonable cases" then your anecdote is not relevant.
> And why would someone threatening people with a knife deserve benefit of the doubt?
Several reasons, which would be obvious if you tried to think of them. Most knife-wielding maniacs are, well, maniacs, and aren't fully in control of their actions. Innocent bystanders are regularly killed by police discharging guns accidentally or inappropriately (in fact, even police are frequently killed this way). People are routinely misidentified by police as carrying weapons when they aren't. Police often give misleading or unclear instructions while trying to de-escalate, and with a gun drawn, failure to comply can and does result in the suspect being shot.
Bear in mind that what you are excusing is essentially a (substantially increased likelihood of) extrajudicial execution. It should be a last resort. It's not enough to say "well he's clearly a bad guy, why give him the benefit of the doubt?".
This seems like a critical sentence. Is this database actually operated by IDMerit, or someone else? If so, who?
edit: Apparently not!
Sufficient is not a "subset of necessary". "Sufficient" in this context means a reason that voiding terms is justified. There being a power imbalance does not mean that the terms should be voided. If the more powerful party stipulates "You may not continue to use the service if you use it to commit a crime", then nobody would argue that the term must be voided just because the more powerful party stipulated it. That is why when you say "the state's adjudicator decides they are exactly equal in "power" and permits it?" this is neither a reductio ad absurdum nor logically valid. Nobody said or implied that any part of the process should be "void the terms if the parties are not equally powerful". You just made that up.
What they did imply was "if the terms are otherwise not justified, and the parties are not equally powerful, you may have to void the terms". In other words, it would be necessary to void the terms.
> What is ridiculous is that you're pretending not to recognize a reductio ad absurdum
It isn't a reductio ad absurdum, because you took the argument "all TOS terms except these 3 categories should be unenforceable" to the logical extreme of "there should be a state-appointed adjudicator who reviews every contract". I am simply advocating for a particular law that should be published.
> OP made a claim about what terms were "justified" and I'm trying to find out the basis for them.
The background reasoning is that service providers should not be able to dictate your behaviour unless it is behaviour that directly affects the service - either because you're using the service in an unethical way, or you're making the service unreasonably hard to provide, or whatever. It happens to be the case I can only think of a handful of terms that have this property. Maybe there are more.
> It isn't, you're just unable to address it.
I think we agree, I am unable to address such titanic arguments as "many people are subservient". I will meditate on these words.