5 ms·

News at 11

by jwcacces 11y ago

News at 11

JabavuAdams 11y ago
Also, minors drink alcohol.
- elthran 11y ago
  and people don't read ToS
  - JabavuAdams 11y ago
    Well, it's all about plausible deniability. The people who run these sites know that minors are using them, and it would be cost-prohibitive to make it really hard for minors to use them. So, instead, embed some text in your ToS and pretend to act shocked whenever confronted with direct evidence that people aren't complying with the ToS. It's the same for porn. An "are you 18?" page isn't going to stop anyone, but it shifts the blame from the publisher to the consumer.
    - draugadrotten 11y ago
      > An "are you 18?" page isn't going to stop anyone, but it shifts the blame from the publisher to the consumer. That makes no sense, considering that someone under 18 is not able to enter into any contract (with the publisher) in most jurisdictions. compare: It would not be enough to ask "are you of legal age?" before serving alcohol to someone. Proof is required.
      - arethuza 11y ago
        English law is actually subtler than that: "As a general rule, a minor is not bound by contracts he makes, though the adult party whom he contracts with is"
      - Falling3 11y ago
        It's actually very common in Oregon to be asked if you're over 21 before having alcohol served to you (without being proofed).
        ChristianBundy 11y ago
        Yeah, but that's not what's supposed to happen. They'd be more diligent if you looked younger.
      - Swizec 11y ago
        People consider those popups to be legal contracts? That's funny.
      - lordCarbonFiber 11y ago
        Your mistake here is missing the idea of "due diligence". Many laws (in the US especially) revolve around this concept. The basic gist is, has the concerned party taken "reasonable" (vague on purpose to adapt to evolving circumstance) action to comply with the law. In the instance of serving alcohol, everyone carries an id and carding is judged to be the level of "reasonable" action; in contrast, on the internet where access to identifying info is much sparser, user verification makes the cut. It's not a contract being form, it's the company in question performing the minimum viable verification to protect themselves from liability.
      - JabavuAdams 11y ago
        > That makes no sense Correct. And yet, somehow, it's industry practice. That's my point.

News at 11

JabavuAdams 11y ago

Also, minors drink alcohol.

elthran 11y ago
and people don't read ToS
- JabavuAdams 11y ago
  Well, it's all about plausible deniability. The people who run these sites know that minors are using them, and it would be cost-prohibitive to make it really hard for minors to use them. So, instead, embed some text in your ToS and pretend to act shocked whenever confronted with direct evidence that people aren't complying with the ToS. It's the same for porn. An "are you 18?" page isn't going to stop anyone, but it shifts the blame from the publisher to the consumer.
  - draugadrotten 11y ago
    > An "are you 18?" page isn't going to stop anyone, but it shifts the blame from the publisher to the consumer. That makes no sense, considering that someone under 18 is not able to enter into any contract (with the publisher) in most jurisdictions. compare: It would not be enough to ask "are you of legal age?" before serving alcohol to someone. Proof is required.
    - arethuza 11y ago
      English law is actually subtler than that: "As a general rule, a minor is not bound by contracts he makes, though the adult party whom he contracts with is"
    - Falling3 11y ago
      It's actually very common in Oregon to be asked if you're over 21 before having alcohol served to you (without being proofed).
      - ChristianBundy 11y ago
        Yeah, but that's not what's supposed to happen. They'd be more diligent if you looked younger.
    - Swizec 11y ago
      People consider those popups to be legal contracts? That's funny.
    - lordCarbonFiber 11y ago
      Your mistake here is missing the idea of "due diligence". Many laws (in the US especially) revolve around this concept. The basic gist is, has the concerned party taken "reasonable" (vague on purpose to adapt to evolving circumstance) action to comply with the law. In the instance of serving alcohol, everyone carries an id and carding is judged to be the level of "reasonable" action; in contrast, on the internet where access to identifying info is much sparser, user verification makes the cut. It's not a contract being form, it's the company in question performing the minimum viable verification to protect themselves from liability.
    - JabavuAdams 11y ago
      > That makes no sense Correct. And yet, somehow, it's industry practice. That's my point.