Their protection from criminal or civil liability is contingent upon applying their ToS and standards uniformly. If they have a demonstrable pattern of bias in applying them, or are demonstrably arbitrary and capricious, they lose that protection and open themselves to liability for not applying them uniformly. Their pattern of arbitrary, capricious and biased behavior Facebook and especially Twitter will potentially hang them. The ToS is a form of binding contract. They cannot then claim they're allowed to do whatever they damn well please if it's not within the scope and consistent with the ToS. This is precisely why Fakebook quickly backpedaled on their complete shutdown of the Diamond and Silk account. Fakebook continues to persecute them, labeling their videos "unsafe" which violates Fakebook's ToS. If you've seen them, I'd like to know what is "unsafe" about any video they've created and published. I had a YouTube video slapped with an 18 year-old X-rating because . . . according to YouTube . . . it's patently offensive and harmful to minors. You have to prove to YouTube you're 18 or older to view it. This is the kind of indefensibly arbitrary and capricious application of their ToS that will bite them in the ass in a class action.I don't do twitter or facebook for that matter. Even if I did, what they consider over the line might have been fine or it might not have been. You know, that old "their site, their rules" thing?
Like I said above, a lot of it is all in the perception of the reader. Somebody who you agree with you'll think should get more leeway, somebody you don't agree with should be slapped down. Just basic sub conscious human nature whether you believe it or not.
It's the sheer depth their pockets . . . a virtual bottomless pit of money . . . that allows them to run roughshod over individuals as they will proceed to use every means possible to bankrupt someone with massive legal fees if they're challenged with a lawsuit. Those with very deep pockets do it routinely to bankrupt an opposing party out of being able to continue pursuing the lawsuit in court. I've seen it done personally with blizzards of motions and demands for productions of reams of documents, and demands for endless sworn statements or depositions . . . all designed to rack up opposing counsel's billable hours to as high as humanly possible. When the opposing party can no longer pay their attorney, their attorney withdraws representation for lack of being paid, and suddenly the opposing party is now pro se and gets steamrollered in court.
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