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To: SI Dmitry (code monkey) who wrote (29652)9/28/2013 11:06:49 PM
From: diana g4 Recommendations

Recommended By
Ian@SI
Jurgis Bekepuris
Mario :-)
Paul Kern

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You are misrepresenting what is in the Terms of Use.
You wrote:
"....The upload to Silicon Investor of any photographs containing nudity is strictly forbidden..."
That is NOT what the 'Terms of Use' state
The 'Terms of Use' state:
"...Use Silicon Investor for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous ("tortious" or whatever -- you know what we mean), improper or otherwise objectionable. ..."
----- I.e., The TOU prohibition is NOT against any and all nudity. It prohibits postings which are "..vulgar and obscene.." which could include some images which include nudity but certainly not nudity per se.
----- If you or some prude in admin at SI is trying to twist the 'Terms of Use' to include any and all nudity as "...vulgar, obscene..." then I look forward to cleaning their clock in court. I do not disagree with rejection of material which the SI community as a whole would find "Vulgar/obscene" but I am certain that would not include all nudity and if someone at SI management wants to try to impose their prudish personal ideas of obscenity on SI members under the claim that ALL nudity is per se obscene, that person should expect trouble. There is plenty of non-obscene nudity in the world, and a man who thinks all nudity is obscene will NOT get to impose his prudery on the rest of us undisputed.
---- Btw, the word "Tortious" is correct, and you had better get a good grip on what it means if you want to impose sanctions based on a ludicrous overly broad-brush interpretation of the TOU. If someone posted a photograph containing nudity which was not vulgar / obscene and you imposed some penalty on that person, you would be guilty of Tortious interference with that person's contract rights as an SI member. If you think you are in a position where you can impose penalties but penalties cannot be imposed on you, you are mistaken.
---- It is reasonable for SI staff to act to ensure that vulgar / obscene material is not posted. It is NOT acceptable for SI staff to expand the definition of vulgar / obscene to suit themselves.
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