• Rhoeri@lemmy.worldEnglish
    39·
    8 hours ago

    Their terms of service state that you must be of a certain age to use their instance. It’s not a sign-able agreement. It’s the terms of their service. It’s their rules. As in… the TERMS of their service. Using their instance is the agreement.

    Besides… if they want- they can just ban you for whatever reason they choose. So, whether your nitpicking of the definition of Terms of Service is correct or not, the point remains.

    I’ll tell you what though, if you think you have a case… go ahead and offer to represent them in a lawsuit. See how far that flies. But I’m going to guess that there is no legal precedent that states they have a right to post whatever they want wherever they want- regardless of the Terms of Service.

    • sag@lemm.ee
      9·
      8 hours ago

      Besides… if they want- they can just ban you for whatever reason they choose. So, whether your nitpicking of the definition of Terms of Service is correct or not, the point remains.

      That’s just PTB

      I am not using their service. I used copy of their community. Holy Shit, lots of user don’t know how TOS works.

      • DemigodrickA
        7·
        8 hours ago

        It’s totally wild how many people who don’t understand it are trying to weigh in with their incorrect opinion.

        I know it’s a very specific point this centres around, being that the ToS doesn’t apply to you, but it needs debate and discussion so mistakes like this don’t happen in the future.

    • DemigodrickA
      61·
      8 hours ago

      It absolutely is a signable agreement, you agreed to it when you signed up to lemmy.world 🤦‍♂️ you even have to specifically type that you agree these days, I believe.

      And yes, by using the website you agree to it - except (as i and others have to keep pointing out) the user did not use lemmy.worlds website at any point. That isn’t how federation works. To suggest it does is just ignorance of the topic.

      Yes, we agree that they can ban them for any reason they choose, that’s not up for debate, but they cannot apply a clause from their terms of service and specifically cite their terms of service, because it doesn’t apply to the remote user.

      The largest lemmy instance should be held to account for their actions (as should any lemmy instance). The admin didn’t even have to state a reason for the ban, but by saying its the ToS they’ve invalidated their action. It’s not rocket science if you take two minutes to understand how federation and ToS works.

      • Rhoeri@lemmy.worldEnglish
        25·
        7 hours ago

        Check their comment history. They post in .world VERY often.

        This isn’t up for debate. They violated the rules. They may have a different home instance, but they post in .world. That- according to the rules, violates the ToS of .world.

        I don’t get how this isn’t getting through to you, but I honestly don’t care to keep explaining it.

        Dude was banned. You’re gong to have to learn how to be okay with that.

        • DemigodrickA
          71·
          7 hours ago

          No, you have a fundamental misunderstanding of how federation works.

          The user is on lemm.ee. When they make a post, they’re posting to a local copy of the community, and never directly onto the server. Thats not how federation works and so your points are all totally invalid.

          At no point does the user ever make contact themselves with that external server. They never physically touch lemmy.world in their actions, everything they do is on lemm.ee, and so lemm.ee’s Terms of Service is the one that applies to the user.

          As has already been hashed out multiple times, Lemmy.world’s ToS is not relevant here and does not apply to an external user.

          This is totally up for debate, and you don’t understand it. That’s fine, learn from people who do know and take it with some humility.

          Oh and if you still don’t get why its important and how wrong you are - if you were right, then every single post you make is federated to thousands of different fedi servers. Suddenly, you would be legally in contract with all those thousands of servers and their ToS. Imagine if I put in mine that users have to pay a small sum of currency for every post that they make on my server. In your incorrect definition, you would be liable for that just like lemmy.world have applied their ToS against someone who isn’t one of their users.

          What lemmy.world should do is update their moderation policies/code of conduct/whatever to specifically say that they will ban you if they suspect you are under 18. Its such an easy fix. This never had to be so wrong in the first place.