Ask HN: Can you legally deny selling software to someone on ethical grounds?
11–20 of 44 posts
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#12You'll offend 50% of your potential client base and 50% of your employees (potentially) if you bring politics in to the picture.
I wouldn't allow employees to dictate business decisions like that, and would look at quietly letting go the ones who are threatening to quit.
Also look at what information your employees have access to, I would minimize discussions and employee access to who your signups are and minimize their access to how they are using the app. Make client privacy a priority.
37signals cat.jpg story: https://signalvnoise.com/posts/3078-trust-is-fragile
And security as well. Make sure employees with access to the database are trustworthy and aren't going to take extreme measures against clients they don't agree with.
Avoiding groups that are promoting hate and criminal activities is understandable.
Now is a good time to improve your ToS to outline reasons why you might suspend or terminate a users account.
And would definitely consult an attorney as to how to go about informing clients you don't want their business if you decide to go that route.
Good luck, congrats on the growth, update us how this shakes out.
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#13That said, I don't think the Supreme Court ruling covers your case (you don't have a religious objection), so you might want to get council.
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#141. Who do you want to deny business to. 2. Who you can, legally, deny business to.
A lawyer can answer #2, but only yourselves can answer #1. Be careful, as too much internal debate may split the company along ideological lines - in searching for where to draw the line, you're likely to run into issues on which you (strongly) disagree (reminds me of http://slatestarcodex.com/2018/10/30/sort-by-controversial/ ).
It might be best if the boss draws a line somewhere that won't make too many people angry (and reserves the right to decide any gray areas on a case by case basis), and quickly ends the discussion. Anything else is, in my opinion, asking for an ideological war.
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#15> Is it even legal to refuse their business (it could be considered religious discrimination). Didn't the supreme court rule for the baker who refused to bake a cake for a gay couple?
One article I quickly dug up that seems to give it a fair treatment: https://qz.com/1296174/scotus-masterpiece-bakery-case-the-su...
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#16I would keep politics out of your business. You'll offend 50% of your potential client base and 50% of your employees (potentially) if you bring politics in to the picture. I wouldn't allow employees to dictate business decisions like that, and would look at quietly letting go the ones who are threatening to quit. Also look at what information your employees have access to, I would minimize discussions and employee a…
In politics you’re not going to please everyone, even those on your side, they’ll potentially ask for more “activism”. So, if it were me, I’d keep politics and business sepatate.
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#17kernel.org and gnu.org will gladly give those pro-life people an OS, mozilla.org a browser. Free of charge, and all.
microsoft.com will lavish software upon those pro-lifers, much of it for a fee.
Safeway will sell a loaf of bread and bottle of milk to a pro-lifer.
But some primadonnas don't want their employing software organization to sell them event organizing software?
They really are in the wrong business. Because if you make software for event organizing, half the customers will be groups that half of you don't agree with. That's because events are often political or religious or whatever.
You're not going to have much of an income from organizing bake sale fund raisers for school trips or baby showers --- and what if some on your team are against even that sort of thing?
Let them go and replace them with "pro-money" and "pro-business" team members.
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#18I would keep politics out of your business. You'll offend 50% of your potential client base and 50% of your employees (potentially) if you bring politics in to the picture. I wouldn't allow employees to dictate business decisions like that, and would look at quietly letting go the ones who are threatening to quit. Also look at what information your employees have access to, I would minimize discussions and employee a…
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#19I think you might actually have a problem with that one, too, unless you have a policy in place that defines hate speech and that it's not allowed on your platform. Even the KKK has freedom of speech, and there isn't an actual law about "hate speech,"[2] and the ACLU routinely goes to bat for the KKK and Nazis to protect their freedom of speech, as well as yours and mine, even though we might not agree with everyone's speech[1].
> The United States does not have hate speech laws, since American courts have repeatedly ruled that laws criminalizing hate speech violate the guarantee to freedom of speech contained in the First Amendment to the U.S. Constitution.[8] There are several categories of speech that are not protected by the First Amendment, such as speech that calls for imminent violence upon a person or group. However, the U.S. Supreme Court has ruled that hate speech is not one of these categories.[92][not in citation given] Court rulings often must be reexamined to ensure the U.S. Constitution is being upheld in the ruling on whether or not the words count as a violation[2]
There were actually 2 cases about bakers refusing to sell their services to people based on sexual orientation, with 2 different outcomes because the reasons were different. In one case, they had a stated policy against derogatory language/images
> In the first case, the baker refused service to a customer who wanted her to bake a cake with anti-gay Bible verses on it. The customer argued that he was discriminated against because of his religious beliefs. But the court ruled that this was not discrimination because the baker had a consistent policy of refusing to create cakes that used derogatory language or imagery.[3a]
> In the second case, a baker refused to create a wedding cake for a same-sex couple, saying that it violated his religious beliefs. The court held the baker liable, saying that his reason was just a pretext for discriminating against gays.[3b]
[1] https://www.aclu.org/other/freedom-expression-aclu-position-...
[2] https://en.wikipedia.org/wiki/Hate_speech#United_States
[3] https://www.legalzoom.com/articles/the-right-to-refuse-servi...
Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?
#20> For example, there are several people on our team that are extremely pro-choice. We had a pro-life group sign up recently and these employees are threatening to quit if we accept their money. kernel.org and gnu.org will gladly give those pro-life people an OS, mozilla.org a browser. Free of charge, and all. microsoft.com will lavish software upon those pro-lifers, much of it for a fee. Safeway will sell a loaf of b…