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MySpace Trial: Jurors Wanted A Harsher Sentence For Lori Drew
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MySpace Trial: Jurors Wanted A Harsher Sentence For Lori Drew |
12/02/08
I read and sign contracts on a daily basis, and there is no way for a member of this organization to say that they are not liable to the terms and conditions of those contracts just because it's not Their signature.
She essentially delegated the right to bind her to the ToS through her assistant, and her subsequent use of the site makes her liable for the terms of the site. This is very cut and dried to me, and I'm not sure where these people are coming from that say "No one reads those" as some kind of excuse for them to be irrelevant.
It doesn't matter if you are irresponsible enough to not agree to something without reading and understanding it. Your acceptance of those limitations is all that is required, in order for your to be bound by them.
\rant
This is just very confusing to me. If I'm going 80 in a 45 zone, I'm still speeding, no matter if I saw a sign or not. Just because I wasn't paying attention, doesn't mean that the sign doesn't exist.
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I have experienced life situations just as hateful/harmful as the one she was in, I sincerely don't believe Lori Drew expected this to result in a suicide. I am not condoning her behavior but I see vicious behavior a fair amount, she isn't unique in this and I have come to accept it is a part of human nature. I never would have convicted her because I am adamantly opposed to convicting someone of one crime because you wish you could punish them for another action.
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OK, 40%, if you don't count the 50% of the internet which is solely dedicated to porn.
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Once you click, you're in. If it's your account, the defense of YOU didn't click it, someone else did, is basically bunk. They certainly didn't prove that she didn't and that the assistant did, either.
ugh.
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It would be a little like blaming some guy because her girlfriend committed suicide when he broke up with her. Did he play a part? Partly, but it doesn't make him guilty of the suicide.
12/02/08
I agree with this 100% I don't understand how you can get away with ignoring the terms of an agreement because you didn't bother to read them in the first place. That, I think, would set a worse precedent, that you can sign something, agree to it, and then claim ignorance, and get away with violating the terms of that agreement. If you don't agree or you don't understand, don't sign. Right?
I am I making any sense? I just don't get how ignorance works as an excuse here.
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Look, either this works or it doesn't. My point is that either we're going to take this kind of thing seriously, and make sure that people who use such services for malfeasant purposes are held accountable, or we should just let everyone do what they want and hang the consequences. The idea is that Megan Meier's death should lead us to taking a long, hard look at what we are willing to tolerate as a society.
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Agreed about the need to rewrite the laws to include this sort of thing, though.
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