>Yeah just to second this I think that a lot of us coming from software backgrounds like to think of laws as being code, fully definable, automatable and capable of covering all edge cases. This isn’t the case. Judgement is required.
problem arises when the method for achieving Judgement isn't codified.
Meaning, while laws and punishment are open to interpretation by the judges, the system by which we appoint judges, their permissions and abilities, are strictly codified, and they must be in order to subdue and reduce corruption.
OK: Your company decides to stop producing specific codified rules -- what is in place to prevent judgement bias and fair interpretation of 'crossing the line'?
The answer, in most cases, is that there is nothing to hold the 'judges' accountable. Nothing to insure fair unbiased decisions. Nothing to insure that they can't hold the position indefinitely without malice.
In other words : The shorter your Terms of Service become, the longer the Employee Handbook must become to prevent corruption and overall unfairness.
Besides that problem, there is the problem where the acceptable behaviors on a platform may wander with society -- this leads to issues where developers may be barred from a platform for behavior which was perfectly acceptable earlier that year without any real warning.
How does one avoid breaking rules if they can't know the rules?
Well, one might say "Play nice.", but the reality is that we all interpret it differently. That's one of the many nice features that comes along with codified law.