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leafo is suppressing legal information he doesnt want you knowing about.

A topic by ErrArachnica created Jun 25, 2019 Views: 292 Replies: 8
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Viewing posts 1 to 5
(2 edits)

POST 1

after posting about an important law update in regard to which laws do and do not protect tech companies, my thread was suddenly shunted out of the pile, and leafo asked me to stop talking about this.

https://itch.io/t/491400/senator-hawley-introduces-legislation-to-amend-section-230-immunity-for-big-tech-companies

http://archive.fo/zOUBG

POST 2

"if the same fate gets applied to this second thread, lets be real here, consider that proof something shady may be happening behind the scenes."

>same fate does in fact get, applied IE a red flag certain things are being done behind the scenes, that they want hidden

https://itch.io/t/492071/itchio-admins-dont-want-you-revealing-law-may-no-longer-be-protecting-their-business-practices

http://archive.fo/rwGhc

POST 3

this post.

if this thread gets locked and shuffled out of the pile, please be aware that leafo and the other mod team members are trying to hide something, and that thing is that their business practices may be illegal

they're trying to lock my threads down and hide this information so you don't see it. they're hiding it because if this law passes, they lose certain legal protections, and you could possibly sue them.

leafo is trying to hide this so you can't drag him into a courtroom one day.

https://www.hawley.senate.gov/senator-hawley-introduces-legislation-amend-sectio...

"Senator Hawley Introduces Legislation to Amend Section 230 Immunity for Big Tech Companies"

Pinned ReplyAdmin (1 edit) (+1)

This user has been banned for being belligerent, breaking the rules, and spreading false accusations about our team.

I've duplicated the response I had from the last topic they created if anyone stumbles across this topic. Despite getting a clear description of why what they were doing is abuse, and a clear warning, they posted almost the same exact thing again. They were banned. Please don't do this if you want to participate in our community. Be civil & respect our moderators or you will be removed from our community.

---

I closed your topic because you're breaking the rules. Since you're not keen on taking the time to understand the rules then I'll break down why we won't want you making posts like that on our message board:

  • You posted in the wrong place
  • You're being disruptive
  • You're fear-mongering by posting some speculative post about some legal change
  • You've previously harassed moderators, and now you're making false claims about us trying to hide stuff

You're trying to instigate argument and create a disturbance. You're taking up an inordinate amount of our moderators time. I don't think our community is the appropriate place for you to create these topics, especially if you're going to approach it this way. If the laws change then so be it, we'll update as needed. But in the meantime, our #1 priority on our public message board is to create a safe and inviting place for everyone to chat. Just because we have a message board does not mean it's a free-for-all for you to act however you want. If you want to complain about our moderation & rules then do it elsewhere.

Your community privileges are not in good standing, if you continue to make posts like this then we'll remove your posting ability.

I hope you understand

https://itch.io/docs/general/community-rules

Moderator(+2)

Assuming this legislation passes, it literally says in the article you linked that small and medium sized tech companies won't be affected.

You're refusing to hear anything the staff tells you while furthering your narrative. You continue to break the community rules despite being warned multiple times. The only thing we're trying to hide is the mess you're stirring up by acting as if itch is an evil corporation that shuts people down.

This will be your last warning. Please be very careful of what your next post will be.

(1 edit)

small, medium, large, whatever, size won't matter if a legal snow ball occurs

if google and facebook get hit, you've got even less safety then them.

-scenario A

this passes, someone sues google, they win big, it's giant tech news. then, the crosshairs drift a level to the medium level, because if google is valid, then so is everyone else...

-scenario B

"itch.io is a small/medium platform" well even if thats true now, it wont be with growth. also, being a little guy doesn't give you license to be a piece of shit, it just means your a low ranking piece of shit

speaking of company size, an open point is that some shady companies may use financial fraud to hide their real size, to skirt under certain rules. for a small/medium company, you guys sure seem to stomp around like you're a big one

what you're doing is the content management equivalent, of saying you don't need to pay XYZ taxes, because you're only in a certain tax bracket, when you actually might not be

(+1)

its only remove because you broke the 2th rule and since itch.io is an ecommerce website in the textbook of many laws it can not count has a big company like Valve, GOG or Discord.

(1 edit)

bullshit.

rule 2 is paper-thin, and they're trying to stop people from suing them, by denying this community certain information. 

for a website supposedly so damn confident that they can't be sued, they're putting an awful lot of effort into trying to strangle this law change in the crib.

(+1)

On the TOS: https://itch.io/docs/legal/terms#15-class-action-waiver

"YOU AND COMPANY AGREE NOT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF ARBITRATION PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. You and Company also agree not to seek to combine any action with any other action without the consent of all parties to this Agreement and all other actions.

If the agreement in this Section not to bring or participate in a class, collective or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Company agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in a class or collective action."

There is nothing saying you can not sue them. Valve user Agreement has this cause: 

http://store.steampowered.com/subscriber_agreement/

"An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND VALVE ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY."

And Legal books have known this since 1981:

n. a mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt to avoid a court trial and conducted by a person or a panel of people who are not judges. The arbitration may be agreed to by the parties, may be required by a provision in a contract for settling disputes, or may be provided for under statute. To avoid clogged court calendars the parties often agree to have the matter determined by a panel such as one provided by the American Arbitration Association (which has a specific set of rules), a retired judge, some other respected lawyer, or some organization that provides these services. Usually contract-required arbitration may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud. Many states provide for mandatory arbitration of cases on a non-binding basis in the hope that these "mini-trials" by experienced attorneys will give the parties a clearer picture of the probable result and lead to acceptance of the arbitrator's decision. (See: arbitrator)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill.

What does this mean?

itch.io has a chance to have someone sue them if it breaks laws or unenforceable

While Valve says no you can not use us or bring us to court because you said yes to the User agreement and did agree you know such agreement.

Moderator(+2)

firecat: Your analysis is very impressive! Thanks for putting in the effort. Got nothing to add there, you pretty much said it all.

Unfortunately that's missing the point. According to our friend here, we're now supposedly trying to suppress a piece of proposed legislation (that wouldn't apply to us for at least two reasons). Which assumes the Itch staff somehow has the time and resources to lobby the US Congress, even if it made sense to do so in the first place. There's a word for that, and I probably don't need to say it.

We're going to cut this conversation short really soon now. The decision has already been made. Thanks again for all the help.

(1 edit)

this is the two of you right now, and a good portion of your website.

https://invidio.us/watch?v=TMTkedIUX8U

"you can't sue us because the TOS says so", *does not* come across like you think it does. are you now saying you are guilty, but hahaha i can't do anything about it? ah ok i see you're all dishonest shitbags then. good to know

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