Live data from Hacker News

Ask HN: Can you legally deny selling software to someone on ethical grounds?

news.ycombinator.com

21–30 of 44 posts

Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?

#21
post #16
post #12

I 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…

I agree. Keep politics out of your business. Doing otherwise is a potential hornet’s nest. If they are doing illegal business then sure, deny service on those grounds and possibly report to authorities, if applicable. 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.

Unfortunately you don't always have the choice of keeping politics out. Activists that discover you are doing business with a company or group they disapprove of can publicize this fact, organize boycotts against you, harass your other customers, bully your employees and do everything in their power to make you go out of business if you don't cut ties with the customer which they disapprove.

Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?

#24
post #12

I 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…

Agreed with this. Was involved in big platform company who handled it this way and it went well. A good way to do it is email the customer and say 1. You disagree with them 2. You respect their rights and will allow them to legally use your service 3. Tell employeesb and customer that you'll donate the money to Planned Parenthood, etc.

This sounds like the worst of both worlds. Vehemently pro-choice employees are unlikely to be placated, and pro-lifers are going to boycott the company anyway.

Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?

#25
post #16

Earlier quoted context omitted.

I agree. Keep politics out of your business. Doing otherwise is a potential hornet’s nest. If they are doing illegal business then sure, deny service on those grounds and possibly report to authorities, if applicable. 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.

Unfortunately you don't always have the choice of keeping politics out. Activists that discover you are doing business with a company or group they disapprove of can publicize this fact, organize boycotts against you, harass your other customers, bully your employees and do everything in their power to make you go out of business if you don't cut ties with the customer which they disapprove.

The best solution for that is to still keep politics out and ignore the complainers. They only have any power at all because companies and organisations listen to them. The more people ignore angry Twitter mobs, the quicker said Twitter mobs become ineffective and people realise screaming at anything that offends them won't get them their way.

Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?

#26
Most people start by assuming you can trade with anyone willing to trade with you. Without more, you're not responsible for their use or misuse of the purchase.

I have a hard time seeing SaaS services operating to make your team complicit in the activities of the purchaser. The "aS" in SaaS doesn't usually require you to do something that can be mistaken for endorsement.

As others have said, these are principles that can end up costing your team lots of money. You all might agree to be a business that helps pro-choice people organize. But it's tiring to be a place that just deals with those of untainted virtue. If you all agree it's that kind of place, fine, but puritanism doesn't scale outside of the small social class that shares your convictions.

You probably want to talk to a lawyer in your place about specifics. I think California does prohibit some political affiliation discrimination, so you might have to sell to Rs and Ds, in that example. And if you think something might be religious discrimination, that's a gut feeling I wouldn't ignore without legal advice.

Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?

#27

> 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…

Exactly. And the reality is if you don't take their money, a competitor will.

[deleted]

Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?

#28
Here in America, I believe you can refuse them, as l long as they aren't a protected class. But should you?absolutely not. Even if they were the kkk. You are talking about Free Speech. And while that is between us and government, I believe Free Speech is the cornerstone to democracy, and each and everyone of us should strive to support Free Speech. Even if that means supporting speech we don't like. You may not agree with what someone is saying, but you sound right for their right to say it. In this day people seem to be fighting against the right of free speech, especially speech they don't like.

Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?

#29

> 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…

Exactly. And the reality is if you don't take their money, a competitor will.

I don't agree with "if I don't perpetrate this harm, someone else will, so it's okay" because that pattern can be used to justify any harm. If I don't perpetrate this harm, and someone else does, the moral culpability rests with them and not me; and that makes all the difference.

I'm saying that doing business with people who oppose abortion isn't the perpetration of harm. We as a society do not economically ostracize people who hold a pro-life position. There is no need for some random software developers of some groupware to be doing that.

Re: Ask HN: Can you legally deny selling software to someone on ethical grounds?

#30
Wow, ok, there is so much misinformation in this thread...

Background: I specialize in partisan political tech consulting - primarily hired by start ups in the political tech space and VC's that are either evaluating a company in this market or have already invested and need a "subject matter expert" to make sure no one messes up too badly. This is a problem that I talk to firms and starts up about a lot (like three+ times this week).

> Is it legal not accept their business/shut down their account? Yes. As long as they are not a protected class AND the reason you are doing so is outlined in your terms of service. Even if they are a protected class there are some exceptions but leave that to your lawyers.

> By denying this group, are you locking out 50% of your market? Absolutely not. While in theory saying "my company only sells to Democrats" could be a bad idea if your product had market fit outside the political market, saying "we do not sell to Republicans" will potentially grow your market share in politics. Political organizations frequently do not spend money with vendors that also sell to their opponents.

If you are targeting the political market it is often important (if not required) to 'pick a side' at the beginning. There has never been a successful nonpartisan politically focused tech company in the US, ever. NationBuilder for example has been a complete financial failure while other companies like Polis are nonpartisan but their primary market fit is nonpolitical.

> What about Microsoft, Firefox, Stripe, or Eventbrite? They will sell to anyone! Yes and no. Stripe turned off service for the hate site Gab.com. Additionally there is a major difference between a platform (Microsoft Word) and a vital tool for winning in the political space (like a voterfile), especially in the already fairly saturated US market - internationally it's a little different, but that's really just because there are less options.

Are you a platform or a tool? Companies like Hustle have tried really hard to fall into that "platform" category but between their clients seeing them as a tool and saturation of their niche (p2p SMS services) they decided to not sell to Republicans. If they had not made this choice their Dem clients would have left.

> What should you do / how have other companies dealt with this? Assuming you are not a strictly politically focused company (which I'm guessing you're not, otherwise this would have come up earlier) the best thing to do is work with your team to come up with a terms of service that reflects your values.

A good example of this is saying "we do not allow clients to use our tools to promote violence, hate speech, or fake news through this system." I can't tell you the number of times I've gotten on the phone with some client's lawyer and they want to know what we actually define as hate speech, to which my response usually is "if you have to ask..."

Eventbrite serves both Dems and Republicans, they even have seperate staff to work with each party! That being said, NGP VAN only works with Dems and i360 only works with Republicans. Which one are you more similar to?

> Is it bad that your employees have opinions on how what they build should be use? Happens to everyone and should be celebrated, not shut down. https://www.theverge.com/2018/11/28/18116447/google-employee... https://www.theguardian.com/technology/2016/feb/22/tim-cook-... https://www.theverge.com/2018/3/30/17179100/facebook-memo-le...

Post reply on HN