Mailchimp has terminated Stefan Molyneux’s account

Re:Mailchimp has terminated Stefan Molyneux’s account by gdulli on Tuesday January 14, 2020 @02:43PM (#22048470)

I can't imagine a situation where MailChimp is legally prevented from enforcing its own terms of use just because a third party pointed out the breach. Think of how exploitable that loophole would be.

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Re:Mailchimp has terminated Stefan Molyneux’s account by DataAF on Tuesday January 14, 2020 @02:59PM (#22048649)

I can't imagine that either, but this isn't a case between Stefan and Mailchimp, this is a case between Stefan and Nandini in Tort Court where the requirements are much lower:

1. The existence of a contractual relationship or beneficial business relationship between two parties. Stefan is on mailchimp

2. Knowledge of that relationship by a third party.

3. Intent of the third party to induce a party to the relationship to breach the relationship. Tweet: https://twitter.com/nandoodles/status/1216903968439357446

4. Lack of any privilege on the part of the third party to induce such a breach. This is on Mailchimp's TOS

5. The contractual relationship is breached. Tweet: https://twitter.com/Mailchimp/status/1217073200414306304

6. Damage to the party against whom the breach occurs. This remains to be seen

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Re:Mailchimp has terminated Stefan Molyneux’s account by duskwuff on Tuesday January 14, 2020 @03:19PM (#22048849)

You are inappropriately equating the termination of a contract with a breach (= a violation) of the contract. The Mailchimp terms of service allow the company to terminate the contractual relationship at any time [1] -- they did not breach the contract by choosing to terminate it.

[1]: https://mailchimp.com/legal/terms/ -- "3. Closing Your Account: You or Mailchimp may terminate the Agreement at any time and for any reason by terminating your Mailchimp account or giving notice to the other party."

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Re:Mailchimp has terminated Stefan Molyneux’s account by DataAF on Tuesday January 14, 2020 @03:33PM (#22048962)

Good catch. Mailchimp has better coverage in their TOS than most I've looked at.

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Re:Mailchimp has terminated Stefan Molyneux’s account by duskwuff on Tuesday January 14, 2020 @03:52PM (#22049129)

Better? Not unusually so. Unconditional termination clauses are standard practice; most terms of service will include something to that effect.

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Re:Mailchimp has terminated Stefan Molyneux’s account by dragonwriter on Tuesday January 14, 2020 @03:27PM (#22048916)

> I can't imagine that either, but this isn't a case between Stefan and Mailchimp, this is a case between Stefan and Nandini in Tort Court

Well, it's not a case at all, and it's not likely to be one.

> Intent of the third party to induce a party to the relationship to breach the relationship.

Terminating a contract as provided for in the contract is not a breach of the contract. The only arguable breach is on Molyneux’s part by violating the ToS, and clearly Nandini didn't induce that breach.

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Re:Mailchimp has terminated Stefan Molyneux’s account by iron0013 on Tuesday January 14, 2020 @03:11PM (#22048753)

SM breached the contract himself when he violated the ToS.

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Re:Mailchimp has terminated Stefan Molyneux’s account by DataAF on Tuesday January 14, 2020 @03:18PM (#22048843)

True, but then it's on MailChimp to prove it. They're definitely open to arbitration. I wouldn't want to be in that position.

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Re:Mailchimp has terminated Stefan Molyneux’s account by dragonwriter on Tuesday January 14, 2020 @03:22PM (#22048872)

> True, but then it's on MailChimp to prove it.

No, it's not, unless they want damages or some other government-imposed remedy.

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Re:Mailchimp has terminated Stefan Molyneux’s account by iron0013 on Tuesday January 14, 2020 @03:20PM (#22048867)

Why not? It’s so clear cut it’d be a slam dunk for MailChimp.

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