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

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

#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 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?

#13
It could be quite bad for morale to keep their business. You'll probably have a group that quit, plus the ones that are left but still would be unsettled by you valuing a bit of $ over principles.

That 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?

#14
I can't offer much advice, except this: you should treat the two questions separately:

1. 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
post #7

> 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?

Kinda. What SCOTUS actually ruled is that the Colorado Civil Rights Commission violated the Free Exercise Clause, and so essentially threw the case out. The opinion very clearly states that this exception to the anti-discrimination laws are not going to set precedent for future exceptions and that the bar in the future will be even higher due to various changes in the law from the time of the incident.

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?

#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.

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

#17
> 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 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?

#18
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.

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

#19
> I think we're all in agreement that if the KKK signed up and wanted to use our software to organize clan rallies we would not be willing to foster hate speech.

I 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…

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