Live data from Hacker News

Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

vpsexperience.wordpress.com

51–60 of 158 posts

Re: Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

#51
post #37

Earlier quoted context omitted.

It doesn't matter if they were ethical or not, what they did is not right. They are not law enforcement. If everybody would be allowed to enforce the law, then I would be free to shoot you in the head just because you made a negative comment about my cat, because I feel that's ethical.

What 'law' are they enforcing here? They are enforcing their own TOS, which is perfectly within their right. I'm not saying this is the right thing for them to do, but he is using their service, so they have a right to enforce their TOS. He is perfectly able to move his blog post, unedited, to another VPS provider if he does not like what they are asking him to do.

slander... the guy he was blogging about is not famous, not a public figure, talking trash, about someone by name in a public way is slander - perhaps this helps explain further: http://en.wikipedia.org/wiki/Defamation

DO - TOS is like a slander clause

Re: Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

#52
He is a dickhead and Digital ocean might be a bit contradicting when allowing harassment on the forum. That was however harassment towards his alias/username not to a specific individual.

I still think digital ocean did the right thing and contacted him, And asked him to fix the ToS breakage he committed.

Re: Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

#53
post #51

Earlier quoted context omitted.

What 'law' are they enforcing here? They are enforcing their own TOS, which is perfectly within their right. I'm not saying this is the right thing for them to do, but he is using their service, so they have a right to enforce their TOS. He is perfectly able to move his blog post, unedited, to another VPS provider if he does not like what they are asking him to do.

slander... the guy he was blogging about is not famous, not a public figure, talking trash, about someone by name in a public way is slander - perhaps this helps explain further: http://en.wikipedia.org/wiki/Defamation DO - TOS is like a slander clause

Oh I understand what slander is, and whether or not the blog post actually is slander or not is debatable. My point was that, in this case, DO has decided to use the 'slander' clause in the TOS to ask this person to edit his blog post. I don't necessarily think they should be doing this, but I am saying that they are perfectly within their right to enforce their TOS how they see fit. If the OP doesn't agree with them, there is nothing that says he can't move his content to another provider that may not make the same decision DO has.

Re: Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

#54
post #50

Earlier quoted context omitted.

What 'law' are they enforcing here? They are enforcing their own TOS, which is perfectly within their right. I'm not saying this is the right thing for them to do, but he is using their service, so they have a right to enforce their TOS. He is perfectly able to move his blog post, unedited, to another VPS provider if he does not like what they are asking him to do.

Which wins, the TOS or the law?

"Wins?" I'm not quite sure what you mean by "winning." In this case, DO is enforcing _their_ own TOS, on content that is served from _their_ servers. That seems legit to me, whether or not I think it is the right thing for them to do. Is there a law stating that they don't have a right to do this?

Re: Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

#55

Am I the only one who sees Digital Ocean as acting ethically here? This guy is a jerk. He harassed a guy, because the guy works at Google, into giving him his opinion about a semi-controversial topic in a private forum. Then he writes a blog hit-piece in which he explicitly identifies him and disparages him for the opinion he gave! I don't know if he has a legal right to do this, but you don't just do things like tha…

I sympathize with the Googler, in that his comments may not have been written and polished by a PR person, but they weren't at all as offensive or insensitive as the OP hyped them to be, especially given the constraints of the "meatspace".

But look at what you just wrote. That complaint has been raised against Google many times, because Google's index captures not only what you say in public, but what others say about you, even if you feel that it is misleading. For example, if a news story comes out about me being implicated in a crime, and 1 week later, I'm completely exonerated...but whoever wrote the headline used poorer SEO, and fewer people cared 1 week later...Google, via algorithm, may rank the outdated story higher.

There's very little recourse because, on technical grounds alone, it is tricky to do. But in a "moral" sense, once you make that move for someone, how do you argue that you don't do it for someone else in a similar situation?

The Googler spoke in a place that would not legally be considered private and he is not naive about technology. Is the OP a jerk? Sure. But that's not the topic here....the topic is, would Digital Ocean have been a jerk to say "Sorry buddy, but we can't just take a blog down because you regret your comments"?

IMO, No. And it's not because DO is a jerk. Anymore than Google is for not taking down clearly harmful -- but not illegal -- results. As Matt Cutts put it:

http://www.mattcutts.com/blog/remove-page-from-google/

> *Unfortunately there’s not much I can do. The page you pointed out is not spam, and pretty much the only removals (at least in the U.S., which is what I know about) that we do for legal reasons are if a court orders us. We typically say that if person A doesn’t like a webpage B, only removing page B out of Google’s search results doesn’t do any good because webpage B is still there (e.g. it can be found by going to it directly or through other search engines). In that sense, the presence of that page in Google’s index is just reflecting the fact that the page exists on the wider web....There you have it. People usually aren’t happy to hear that reply, but I hope they can understand the reasoning behind it.

So if you're talking about ethics, what DO did here, IMO, crossed a line, because now it sets a very low bar for what is privacy and what is defamation. If the OP quoted the Googler correctly...and the Googler offered his opinion knowing that it was being read...he may not like how his comments were interpreted or published, but he doesn't have legal recourse.

For the record, "off the record" has no real legal standing. It's a term reporters use to set the boundaries with their sources...if they break it, then it's unlikely sources will talk to those reporters again. In this case, of course, the Googler can exercise that right to not speak to the OP again. But it really shouldn't be up to DO to intervene on his behalf in such a ham-fisted way.

Re: Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

#56
When companies decide to get into personal matter of two unknown individuals which could have been easily went unnoticed, DO did a disfavor of putting them both on face of social media bringing bad words for both themselves and Travis Collins.

Re: Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

#58
post #50

Earlier quoted context omitted.

What 'law' are they enforcing here? They are enforcing their own TOS, which is perfectly within their right. I'm not saying this is the right thing for them to do, but he is using their service, so they have a right to enforce their TOS. He is perfectly able to move his blog post, unedited, to another VPS provider if he does not like what they are asking him to do.

Which wins, the TOS or the law?

law always win of course, the TOS are always full of stuff that is unenforceable in the eyes of the law. That being said you do need to hire a lawyer to check if thats the case every time and thats spendy.

Re: Digital Ocean said it would shut down my blog if I didn’t edit a blog post.

#59

Am I the only one who sees Digital Ocean as acting ethically here? This guy is a jerk. He harassed a guy, because the guy works at Google, into giving him his opinion about a semi-controversial topic in a private forum. Then he writes a blog hit-piece in which he explicitly identifies him and disparages him for the opinion he gave! I don't know if he has a legal right to do this, but you don't just do things like tha…

All DigitalOcean asked him to do was to give them editorial control over his blog. That isn't a small thing to me.

At a quick glance it looks like a public forum (which has a bearing on how I view the ethics of the situation although even if it was private I don't think DO should act). When you are asked a question about your employer in public you are speaking for them and if you say something dumb that your company doesn't like that is your action and responsibility not someone who reports it. When I worked for a large company I used to speak (and particularly write online) very carefully except when truly in private. I also don't see any reference to anything being "off the record" so I don't see why you assume it wasn't "on the record".

Would I write that article like that? No. Do I think DO should claim editorial control over it? Hell no.

Maybe DO could request the blog owner provide contact details (I can't see any on the current site) so that legal action could be brought directly against them as the publisher rather than against DO. Not offering such may be reasonable grounds to have DO demand editorial changes or cease service.

Post reply on HN