MySpace Accused Of Trampling Man's Right To 'Use Site In Peace'

from the ooooooooooooookay... dept

Thu, Apr 12th 2007 6:48am — Carlo Longino

MySpace is at the center of another free-speech case, only this time it's the one that's alleged to be doing the infringing. A Missouri man has sued MySpace (unsurprisingly, pro se) for infringing his freedom of speech by "arbitrarily deleting TWO profiles" established by the man and a host of other complaints, including violating his "freedom to use the social networking site in peace". We're still looking through our copy of the Constitution to find the part about the right to use social-networking services, but maybe we've got an old version. Never mind that we thought the part about freedom of speech really only applied to the government; we weren't aware that it also meant private companies had to provide anyone and everyone with a platform to speak, and ensure it conforms to that person's every wish. They guy's stolen a few pages out of MySpace founder Brad Greenspan's playbook, and his blog-comment threats to bankrupt MySpace, bulldoze its headquarters and turn the area into a housing estate -- and then to sway Fox News' coverage even further to the right -- would seem to suggest that this case will meet the same kind of response as Greenspan's.

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26 Comments

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Casper, 12 Apr 2007 @ 7:35am

Learn your rights people...
People throw around the craziest things and call them "rights" or they claim random things under a right which it does not really fall. Claiming that MySpace violated his freedom of speech is like saying you were thrown out of a store for swearing at the clerk. It is their right to refuse service to anyone they wish (Per the agreement you "agree" to when you use services or enter a private business). Maybe he should have read the parts of the Terms & Conditions that say " MySpace.com may terminate your Membership at any time, without warning."

Someone should really start teaching these people what rights they have and do not have. This is almost as bad as all the people I encounter who believe it is their "right" to drive a car on the highway (Of course most of those people also believe they should be allowed to do so even at the risk of other drivers).
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Baddog357, 12 Apr 2007 @ 7:52am

F U Bob
Is it just me or did the last part of this story make no sense? What does "and then to sway Fox News' coverage even further to the right" have to do with anything?

Anyway I would think MySpace is just like any other business. They have the right to refuse service to anyone they want and do not need to provide an explanation. Unless it is based on some form of discrimination.

BTW, Fuck you Bob. Whaahooo you were 1st, BFD!! Next time try adding something intelligent to your comment or SHUT THE FUCK UP!! It's assholes like you that make the trains run late.

Thank you.
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Ched Davis, 12 Apr 2007 @ 8:06am

sue for what?
I'm still just not getting it. How do you sue someone who gives you something for free. I read about it all the time, but it's not like you actually "pay" anyone for a myspace page. .... unless the site is "posting" derogitory information about someone that's liablous (sp) .. (not true) - what can you sue for?

Oh well, thanks for letting me blow off a little steam from my 'not too bright' little mind.

ched
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The Swiss Cheese Monster, 12 Apr 2007 @ 8:09am

Wait, wouldn't his destruction of MySpace limit other ppl's freedom of speech?
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lukewarmfusion, 12 Apr 2007 @ 8:20am

New version! Hooray!
Clearly, you need to upgrade to Constitution 2.0. In the latest version, you can make amendments with Ajax, bypassing the round trips to Congress. C2.0, as it's affectionately known, has dropped the worn parchment look for rounded corners and soft gradients.

Constitution 2.0, brought to you by Legislatr.
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Kerry Garrison, 12 Apr 2007 @ 8:22am

People are so dumb
They really need to teach basic rights in school these days. Saying you have the right to post something on someone else's website is akin to saying you have the right to come over to my house and spraypaint graffite on my walls because its your freedom of speech. Guess what folks, its my private property and your freedom of speech does not negate my personal property rights wether its my house or my website.

I have had posts from nut cases like this in forums I have run for years, when you delete their posts they start crying about freedom of speech or their rights to post. BS! Its my site, its my property, I control what is put there.
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SPR, 12 Apr 2007 @ 8:26am

MySpace
Everyone has the right to be an idiot.
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Fabiolus, 12 Apr 2007 @ 8:37am

Lol way funny
Must be an American seem they like to sue for broken nails or other stupidity.

Get a life!
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Annoyed, 12 Apr 2007 @ 8:39am

Same #$&! Different Day
This person's obvious misunderstanding of a "right" reminds me of the Dixie Chicks episode. When radio stations refused to air their songs or when other would rail on them for their statements, their supporters would often cry out "They have the right to say blah blah blah".

BTW, LukeWarm, very funny. Made me laugh out loud in class.
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Guru80, 12 Apr 2007 @ 8:51am

You have to blame these money hungry attorney's as well. They are only willing to represent these moronic cases because they know fair well that judges and juries are as dumb as the guy making the case and are likely to twist the law to fit the circumstance.
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Matt, 12 Apr 2007 @ 8:53am

Re: Lol way funny
thanks for yet another stereotypical and otherwise useless comment.
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Jack Sombra, 12 Apr 2007 @ 8:58am

Be very amusing if he won, every web site/discussion board/blog that allows viewer comments would have to move overseas because they would not longer be allowed to moderate nor ban/block people

Would like to think there would be absolutly zero chance of him winning but with some of the crazy judgements coming out of the US courts these days.....
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JBoogie, 12 Apr 2007 @ 9:03am

It is time (although I don't think he has a case now) to have some sort of "bill of rights" for the relationship building aspects he cites.

Although I must admit, as a skeptic of the net as a way to really build true relationships, that it's kinda funny to have 900+ "friends" only to have them nuked lol.

Plus--c'mon--35 on MySpace? How creepy is that?
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Casper, 12 Apr 2007 @ 9:18am

Re:
"It is time (although I don't think he has a case now) to have some sort of "bill of rights" for the relationship building aspects he cites."

If you had a real relationship with those people, they would know who you are.

Having "friends" on MySpace is like having been briefly introduced to someone on the street or at a bar. You don't really know them unless you have met them and actually spent time to get to know them. There is no need for a bill of rights to protect the user when they violate the terms of service. At that point they are revoking your use of their product, not shooting all your friends. If they are real friends then they should have other methods to contact you.

The sad part is people consider adding someone to their "friends list" on MySpace to be an actual relationship or a real friend. I have a MySpace page and it only has friends that I ACTUALLY KNOW in the real world. The Only reason I have a profile is so that we can leave messages or share pictures and videos... although I don't use it very often.
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Fabiolus, 12 Apr 2007 @ 9:19am

Re: Re: Lol way funny
Hey Matt dont I have freedom of speech too?

lol
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Arsepayne, 12 Apr 2007 @ 9:21am

Give it a rest
How can you trample on the rights of an individual when you have to abide by the rules of the Site. Some of the rules have been broken and it is the right of the Domain owner to enforce the rights as they see fit.

Literally, it like me allowing someone to use my car to go to the store no where else. I find out that you the user have used it for other purposes such as Buying drugs. I now have the right to terminate you use of the car. SAME THING. Who rules the sites rules you don't like it go somewhere else!!!
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stghm, 12 Apr 2007 @ 10:16am

MySpace isn't the government
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Matt, 12 Apr 2007 @ 11:01am

Re: Re: Re: Lol way funny
possibly not if you're not American...
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vintage coronado, 12 Apr 2007 @ 11:07am

anal sex
so this woman goes to her DR. and she's telling him how her husband suddenly has a new fixation for anal sex. the Dr. asks her "does it hurt, does it bother you?", she replies no. she actually enjoys it.
so the Dr. tells her, "but i were you i will use proctection, after all you don't want to get pregnant". the woman was like "wtf you can get pregnant from the ass?". "yes" replied the Dr. "where do you think lawyers come from?"
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name, 12 Apr 2007 @ 11:07am

subject
Atleast its not another predator case.

Facebook...woo hoo!
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DRW, 12 Apr 2007 @ 11:11am

Re: Learn your rights people...
You need to go back and learn your rights.

Own a business and try to say that a person has the right to smoke there. Even though the city/county did not put a single cent into it, they think they have that right.

If you do not like it because they allow smoking, don't go there.
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Witty Nickname, 12 Apr 2007 @ 11:32am

Scarry
That guy probably votes.
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The infamous Joe, 12 Apr 2007 @ 11:44am

... a good start.
Now, I enjoy lawyer jokes just as much as the next guy, but this isn't the case to say silly things like "don't blame him, blame his laywer" because, as is stated above by Carlo, this guy is representing himself.

As for non-smoking in public places, I don't own a business or anything, but I believe a business license is required to do such things, hence why you can let people smoke in your house (if you like to watch white things turn yellow) and not your business. If you allow smoking and it's not permitted, you lose a license or probably get a fine. Not that has anything to do with this.

As for the actual article, so quoteth from the Terms and Conditions at myspace.com:

MySpace.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MySpace Services at any time, for any or no reason, with or without prior notice, and without liability. MySpace expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of MySpace Services if MySpace determines, in its sole discretion, that you pose a threat to MySpace and/or its Users.

Seems pretty clear to me. Case closed.
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asdf, 12 Apr 2007 @ 11:56am

Re:
"You have to blame these money hungry attorney's as well" - Guru80

It says right in the summary he's doing it pro se, that means he's representing himself.
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Norm, 12 Apr 2007 @ 12:05pm

Re:
Ummm.... What is creepy about a 35 year old on myspace? You do know it's not a place just for teens right? Yeah the media makes it out to be a place for kids but....

Man talk about not knowing what you are talking about....
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Jan Lauwers, 12 Apr 2007 @ 1:53pm

Re: ... a good start.
it might seem a closed case based on what you quote....which is a quote from the terms as they are now however, "MySpace expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of MySpace Services if MySpace determines, in its sole discretion, that you pose a threat to MySpace and/or its Users." was added within the last 24 hours
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