Re:Popcorn-app no longer on GitHub
by cantbecool on Wednesday April 02, 2014 @09:14AM
(#7515233)
That would explain it. It's remarkable how ambiguous TOSs in general are. I can see from a business perspective how Github was probably pressured from outside source, MPAA, to remove the application that could be used as a conduit to illegally download magnet links. This is such a slippery slope though...
Re:Popcorn-app no longer on GitHub
by maxerickson on Wednesday April 02, 2014 @09:27AM
(#7515316)
I would say the terms are one sided (at least on this issue). I don't think they are ambiguous.
I don't think it is really a slippery slope either, there would be a bunch of new law needed to make it so that offering a platform for publication carried the obligation to publish things (a lot of it focused on protecting the service provider from liability).
This particular TOS part is not ambiguous. It means "we can delete anything".
> "...and its designee..."
Can someone explain to me whom this portion of the clause refers to?
Anyone who Github has said it does ("designated").
IANAL, but I would guess this is effectively to allow non-employees like contractors to do the removal legally.
Anything can be considered offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable by some people how do you define such subjective views.
There Terms of service are very vague.
Of course.
You cannot anticipate all future issues but need to be prepared to have the means to act if it creates liability/risk for you (as a company).
Re:Popcorn-app no longer on GitHub
by zeppelinnn on Wednesday April 02, 2014 @09:54AM
(#7515493)
TOS in general are vague but encompassing. I guess that's the point though
GitHub does not pre-screen Content, but GitHub and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
and
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.