One last comment about Strikethroughgate

[winter]

Open this time: can anyone with legal experience in the US or other common-law system tell me whether in the light of this, the following disclaimer might hold water?

This [journal/post/story] discusses matters concerning activity that may be illegal in certain jurisdictions. This is for artistic purposes only, is not meant to condone or encourage such activity, and the author opposes any and all illegal activity. This [journal/post/story] is not used in furtherance of any illegal activity.

I'm thinking that combined with removing questionable interests, this might be a nice argument to pull up with LJ abuse next time they pull this card. "Didn't you read the disclaimer in my profile?"

Comments

[etrangere.livejournal.com]

Not a lawyer, but the LJ Abusive team said they had no discretionary power. If the 'interest' was present, it was enough to delete. They were aware that the interest could be there for other reasons than for promotion.

We can remove these interests for now, but one never knows what new things they'll call up as dangerous.

[winter]

combined with removing questionable interests

The legal argument is that having something as interest could be defined as promoting/encouraging it by LIVEJOURNAL (by allowing people interested in it to contact each other). The material quoted in the post linked above read that if it's NOT an interest, then 3 criteria have to be fulfilled in order for it to be legal with LJ (in their own words).

[etrangere.livejournal.com]

ah okay then. Sorry;

[littleshebear.livejournal.com]

Heh. I should probably change Pharazon's interests, eh? He's got incest listed. Not that I use the journal anymore but there's some threads in there I'd hate to lose.

[winter]

Just to be sure, I think. Two of the suspended journals were RPG ones.

[carmentalis.livejournal.com]

Interesting thought. LJ is saying that they're basing their issues on interests alone, but this might help in the case of getting a journal unsuspended.

I expect the fandom journals to be redeemed at some point, once this all blows over, so this kind of thing really could help.

[winter]

You know, that might happen. On the other hand, last I checked there were 21 pages of comments on the lastest news post about this kerfuffle, plus mentions of phonecalls and going to the media, so I'm wondering if this whole story won't bite them in the backside from the fannish angle, after all. Especially since, as someone pointed out, sex between two consenting related adults (eg brother and sister) isn't illegal in the US as long as they don't want to get married.

[winter]

And now there are 5 more pages just half an hour later. Can we say snowball?

[carmentalis.livejournal.com]

Phone calls, emails, written letters... this is starting to get bigger than the uproar when they changed the user profile pages. I think the reason why we're not getting an official statement is because they're still trying to figure out how fifteen deleted fannish journals can lead to this kind of catastrophe.

I'm quite in awe by the whole thing. Same as with fandom_counts, they're up at almost 3,400 now and were at less than a thousand when I joined two hours ago.

Fandom really is viral marketing in action.

[winter]

I've been amusing myself by refreshing that profile page and the news post. And once the prominent crossover fandommers start getting on the action? I mean, come on. Gotta be someone at NYT with a livejournal.

[carmentalis.livejournal.com]

It's like watching an avalanche in action. And the big fandommers are picking up on it right now, so the lists should grow exponentially. It's going to be fun to see tomorrow morning what the Americans got up to during their evenings when they all had time to check their LJs. There's a second wave coming.

[trixie-chick.livejournal.com]

i don't have any specific knowledge for this arena, but i've always been of the understanding that disclaimers don't provide any real legal protection, at least when it comes to fanfic, so... =/

le sighs.

[winter]

Ah, but this isn't Intellectual Property, this is proof of intent. Whole different kettle of fish.

[imadra-blue.livejournal.com]

It's an interesting theory. I did alter my journal disclaimer to mention all stories within were fictional. I know it's not a real protection, but hopefully people could glance at my user info, see that, and move along on their witch hunt. I like your much better, though.

[-leareth.livejournal.com]

I was going to reply with whatever thoughts I could summon when I just got out of bed, but linking this works too.