3 ms·

I'm curious how shadow-banning is even allowed by their own ToS.

• Terr_ 2y ago
  If Reddit breaks the ToS, does that mean the "irrevocable" publishing license for everything you contributed is actually revoked? As a matter of contract law, it seems odd to be able to declare something will survive the breaking of the contract's terms. (As distinct from regular termination.) Ex: "The seller will irrevocably transfer ownership of the car to the buyer, and the buyer will give the seller X dollars", and then the buyer's check bounces.
  • EPWN3D 2y ago
    The remedy has to be commensurate with the damage. In your car analogy, the remedy is pretty clearly "Give the car back" or similar. In the Reddit ToS case, it's not clear that revoking licenses already granted will make you whole again. It all depends on the specific nature of the infraction and if penalties for it are already laid out in the contract. If Reddit declines your request to take a sub private, then why would taking away license to your comment fix anything? It's purely punitive, and I doubt there are any statutes with punitive damages that apply to this scenario. In any case, I'd imagine that the ToS makes you agree to arbitration if you take issue with Reddit's adherence to it. Arbitration clauses aren't inserted into contracts because of how famously impartial and sympathetic arbiters are to plaintiffs. They're in there because they're a stacked deck.