[HN Gopher] Germany fines YouTube for removing video of anti-loc...
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       Germany fines YouTube for removing video of anti-lockdown protest
        
       Author : sbuttgereit
       Score  : 331 points
       Date   : 2021-07-14 18:35 UTC (4 hours ago)
        
 (HTM) web link (www.mediaite.com)
 (TXT) w3m dump (www.mediaite.com)
        
       | neom wrote:
       | Curious: Why can Germany fine YT for something that happened in
       | Switzerland?
        
         | MauranKilom wrote:
         | Just that the video was _taken_ in Switzerland does not mean
         | that a German court has no jurisdiction over a user uploading
         | said video (presumably from Germany - not clear from this
         | article or a German source version).
        
           | neom wrote:
           | I understand, I was searching around myself for the answer,
           | but I'm not at all versed in EU or German law. Only thing I
           | could think of is it doesn't matter where it was filmed or
           | who uploaded it, if was removed from german audience of
           | youtube? Or it was filmed in Switzerland and uploaded by a
           | German? I can't find anything in the news and I'd love to
           | know the answer to this :)
        
         | zionic wrote:
         | Germany has a military/police force and Google doesn't, yet.
        
         | [deleted]
        
         | notquitehuman wrote:
         | It looks and sounds like imperialism, but perhaps there's a
         | more benign reason?
        
       | boring_twenties wrote:
       | I'm not sure I like the notion of a private entity being forced
       | to host content they don't want to host.
       | 
       | If it only applied to effective monopolies like YouTube, I would
       | be more inclined to agree with it, but the article doesn't seem
       | to know anything about that.
        
         | xdennis wrote:
         | There's nothing unusual about it. For example, in some places,
         | if you want to open a store, you have to have X amount of
         | parking spots available depending on the store size. It doesn't
         | matter than you don't want to rent extra space to create a
         | parking lot. You have to!
         | 
         | There are millions of other ways this is done. It's not unusual
         | to have to host some files.
        
         | ipaddr wrote:
         | They are not forced to do anything but live up to the contract
         | they signed.
        
           | ErikCorry wrote:
           | Google signed a contract? Do you have the text of this
           | contract?
        
             | flutas wrote:
             | It's the TOS.
             | 
             | When you agree to it, you are entering into a contract with
             | that company. In exchange for agreeing to their terms, you
             | get access to their services.
        
           | boring_twenties wrote:
           | Do you have some more details about this? Because there's
           | nothing informative in the article.
           | 
           | I find it extremely difficult to believe that Google signed a
           | contract obligating it to host any and all content uploaded
           | by the user, regardless of what it is. But hey, I've been
           | surprised before.
        
             | red_trumpet wrote:
             | IANAL, but if I understand this German article [1]
             | correctly, then the changes in Youtube's ToS were not
             | contractually effective, because the user was not asked to
             | comply.
             | 
             | The fine was then imposed because Youtube took > 3 weeks to
             | comply with the court's order to make the video accessible.
             | 
             | [1] https://www.welt.de/politik/deutschland/article23242196
             | 1/OLG...
        
       | deadalus wrote:
       | Youtube Alternatives :
       | 
       | Centralized : Dailymotion, Bitchute, Rumble, DTube, Vimeo, Vidlii
       | 
       | Decentralized : Odysee(LBRY), Peertube
        
         | rickstanley wrote:
         | How does one contribute to these (de)centralized alternatives?
         | Apart from sharing links?
        
           | deadalus wrote:
           | You can upload videos and help seed videos too.
           | 
           | Other ways to help are here : https://lbry.tech/contribute
        
         | ravenstine wrote:
         | All the alternatives are far-far-right as far as "trusted
         | sources" are concerned. What is anyone supposed to do if even
         | LBRY is considered a tool of radical right wing extremists? If
         | you cant get your family and friends on it then its near
         | worthless.
        
       | ntrz wrote:
       | > The German court held that YouTube failed to make its
       | enforcement authority clear in its contract with the account
       | operator who posted the video.
       | 
       | Does YouTube's TOS really not contain statements giving them the
       | ability to stop hosting any video, at any time, for any reason?
       | 
       | Edit: I guess not: the only content removal clause I see is this
       | one, which is definitely not "we can remove your video for any
       | reason, as long as we feel like it." I'm a little surprised they
       | don't seem to have included anything like that.
       | 
       | > If we reasonably believe that any Content is in breach of this
       | Agreement or may cause harm to YouTube, our users, or third
       | parties, we may remove or take down that Content in our
       | discretion. (from https://www.youtube.com/static?template=terms)
        
         | beezischillin wrote:
         | They probably do.
         | 
         | Powerful enough governments can just choose to ignore or re-
         | interpret things any way they like and act on them, though.
        
           | slowmovintarget wrote:
           | The original meaning of "...the pen is mightier than the
           | sword."
           | 
           | The clause in the sentence before that part reads "Beneath
           | the rule of men entirely great,..." It was referring to
           | authoritarian government.
        
           | gruez wrote:
           | >Powerful enough governments can just choose to ignore or re-
           | interpret things any way they like and act on them, though.
           | 
           | Seems like a common trend in many countries around the world.
           | Tech companies tend to be american, so they're a popular
           | punching bag/scapegoat when it comes to enforcement actions.
        
         | devoutsalsa wrote:
         | Isn't it kind of implied that if you own a platform, you retain
         | the discretion to remove stuff at any time, unless otherwise
         | prohibited? The YouTube terms of service can be updated at any
         | time, and will never include language promising to never take
         | down content.
        
           | realityking wrote:
           | That argument would imply that the terms of service are
           | worthless as the platform owner can do whatever they want.
           | That's not how contracts work, at least not in Germany.
        
             | devoutsalsa wrote:
             | Imagine being responsible for writing the individual ToS
             | for ever nation on Earth. That sounds hard.
        
               | AdrianB1 wrote:
               | Imagine doing business and getting revenue in every
               | nation on the Earth. That sounds hard.
        
               | josefx wrote:
               | They probably didn't bother at all. Not long ago Apple
               | got fined because they implied that they would only
               | provide one year warranty unless you paid for more, in
               | the EU two years are the absolute minimum and telling
               | your customers otherwise is not an option. As far as I
               | could tell they just wrote the US version and translated
               | that for every non English speaking country.
               | 
               | Google might also be intentionally lazy, the Google Play
               | licensing terms for example generally fail in front of a
               | court when they are challenged, as they actively violate
               | every law on anti competitive behavior you could think
               | up. Whenever that happens Google just carves out a new
               | licensing region for that courts jurisdiction and keeps
               | the terms unchanged for the remaining world.
        
               | Hamuko wrote:
               | Apple's Finnish warranty conditions still say that they
               | offer a limited one (1) year warranty on their products.
               | However, the warranty terms start with a bolded section
               | about consumer protection laws and how this limited one
               | (1) year warranty is an additional protection offered
               | voluntarily by the manufacturer, and that it does not
               | replace the rights given to consumers by these laws or in
               | fact apply in claims made under consumer protection laws.
        
               | anonymousab wrote:
               | Many ToS often contain disclaimers all over the place to
               | the effect of "this doesn't apply in
               | cities/states/provinces/countries where the law says
               | otherwise" and catch-alls to that effect. Sometimes
               | that's enough, sometimes not; if the company still tries
               | to enforce rules in a region where they are invalid then
               | the ToS is simply even more meaningless.
        
           | xdennis wrote:
           | I think it's just an American thing to treat private
           | companies like the Wild West.
           | 
           | Companies have obligations too, and I think that in Europe
           | (compared to the USA) more people would agree that it's
           | better to limit companies if it benefits people.
           | 
           | Certainly, in this case, it's better for people to have their
           | protests heard than for Google to flex it's censorious whims.
        
           | [deleted]
        
           | fnmall wrote:
           | Terms and conditions are invalid in Germany (and probably
           | much of Europe) if they run counter to established civil or
           | criminal law. They are regularly thrown out in court.
           | 
           | For consumers, it is even better _not_ to read the terms,
           | because then they can say that they have been taken advantage
           | of (it is harder to do that if you change a passage manually
           | in a written contract).
        
         | tylersmith wrote:
         | > YouTube unsuccessfully argued the video violated its policies
         | on Covid-19 "misinformation."
         | 
         | It sounds like YouTube's stance is that the video may cause
         | harm to their users; one of their criteria for removal.
        
           | josteink wrote:
           | > the video may cause harm
           | 
           | Or let me try, is "hateful"?
           | 
           | Yeah. That about clears it up, I guess. Clear as mud.
        
           | cronix wrote:
           | > may cause harm
           | 
           | Literally anything can be argued to be "harmful."
        
             | tylersmith wrote:
             | Maybe that's why their challenge failed.
        
             | rzzzt wrote:
             | As an example, some people consider GOTO statements to be
             | harmful.
        
               | brink wrote:
               | Or more precisely; some people don't. /s
        
               | takeda wrote:
               | Actually that's a good analogy.
               | 
               | If there weren't people that blindly accepting it as the
               | truth and verified everything this wouldn't be bad, in
               | fact would be good because it could drive attention to
               | something that perhaps was ignored.
               | 
               | Unfortunately large part of population has no idea how to
               | do fact checking, and what's worse many take their news
               | from the Facebook.
        
               | sharikone wrote:
               | I imagine YouTube removing C tutorials because they
               | "encourage harmful behaviors"
        
             | dane-pgp wrote:
             | Well at least the government isn't mandating that all
             | "harmful" content be taken off the web...
             | 
             | https://www.theguardian.com/technology/2020/dec/15/online-
             | ha...
             | 
             | (For what it's worth, the proposed law now refers to
             | "safety" rather than "harms").
        
               | 31758329051230 wrote:
               | >Germany
               | 
               | >UK
        
           | AdrianB1 wrote:
           | A knife can do even more harm to the user, but they are still
           | sold. "Can do harm" is a slippery slope.
        
           | effie wrote:
           | Recipe for chilli sauce may cause harm. It's not a good
           | argument.
        
             | tylersmith wrote:
             | Yeah that's probably why it lost.
        
         | Phil_Latio wrote:
         | > Does YouTube's TOS really not contain statements giving them
         | the ability to stop hosting any video, at any time, for any
         | reason?
         | 
         | The highest court in Germany (for civil and criminal
         | proceedings) wrote this in one of their rulings:
         | 
         | > Depending on the circumstances, especially if private
         | companies - as in this case - move into a dominant position and
         | take over the provision of the framework conditions of public
         | communication themselves, the fundamental rights obligation of
         | private parties can in fact be close to or even equal to a
         | fundamental rights obligation of the state.
         | 
         | So as long as YouTube, Twitter etc. are open to "the public",
         | they could write "we reserve the right to remove any content
         | for any or no reason at any time" in their TOS and it wouldn't
         | be valid in Germany.
        
           | throwawayboise wrote:
           | This is as it should be IMO. When you position yourself to be
           | a de-facto public square, you shouldn't get to selectively
           | operate like a private club when it suits you.
        
             | deminature wrote:
             | Isn't this punishing Youtube for their own success at
             | achieving a dominant market position? They didn't position
             | themselves as the de-facto public square so much as became
             | one due to lack of competition.
        
               | xdennis wrote:
               | > Isn't this punishing Youtube for their own success at
               | achieving a dominant market position?
               | 
               | Yes, and that's a good thing because it encourages
               | competition. No market should have a player with such a
               | dominant position.
        
               | LegitShady wrote:
               | its not punishing youtube its making sure private market
               | forces don't distort speech rights across the entire
               | country, as they are doing in the US.
               | 
               | Companies exist to benefit the state and the people. If a
               | company is so successful it distorts rights for everyone
               | and puts fundamental rights at risk, it's not 'punishing'
               | the company even though it might feel like it. It's
               | making sure the conditions that created success for
               | youtube remain in place for future generations - free
               | speech to some degree, competition, etc.
               | 
               | I think corporate personhood and corporate rights are a
               | cancer on society and the corporatism/corporate
               | state/fascism-lite that the west is already deep into is
               | destroying the fundamental freedoms in the country.
               | Disney will always have more money than you to argue for
               | their corporate rights against your personal rights.
               | 
               | This ruling is wisdom.
        
               | bakuninsbart wrote:
               | "Punishing" isn't really the right word, although it
               | certainly feels that way from their position. As
               | democratic societies, we've long felt it necessary to
               | restrict and regulate monopolies and oligoplolies.
               | 
               | I've recently had to talk to my internet provider, and
               | that certainly increased my citizen's fervor in
               | regulating companies in dominant positions, because every
               | company will immediately turn around to milk/punish
               | consumers, and try to influence politics for their
               | benefit.
        
               | wizzwizz4 wrote:
               | YouTube's very "success" is "rewarding".
               | 
               | But to me, it's not a punishment. It's a natural
               | consequence of YouTube's dominant position: they have to
               | start acting like it.
        
               | mapt wrote:
               | Yes. This is antitrust targeted at _practical impacts to
               | everyday life_ rather than at narrowly defined, hard to
               | prove classes of  "anticompetitive behavior", which is
               | the route that the US has taken.
               | 
               | An attempt at practical antitrust regulation might mean,
               | for example, that if a Walmart replaces every other
               | business in your town through the sheer merit of its
               | business model, that Walmart doesn't get to refuse to do
               | business with you on the grounds that the manager hasn't
               | liked you since high school. It might even mean that you
               | reserve Constitutional rights like assembly/protest
               | within the area that is functionally the public square,
               | which is the private sidewalk in front of the Walmart.
               | 
               | I know which approach I would prefer.
        
               | dnate wrote:
               | Sure, but it's also the job of the government to oversee
               | the power corporations have and how they wield it. No
               | single corporation should be allowed to actively shape
               | and censor information just because they are successful /
               | a monopoly.
        
               | [deleted]
        
               | dane-pgp wrote:
               | > became one due to lack of competition.
               | 
               | By phrasing what happened in the passive voice, you are
               | downplaying the fact that Google actively strove to make
               | it hard for new competitors to become established.
               | 
               | Of course there still are competitors to YouTube,
               | depending on how we define the market for online video
               | sharing, and Google didn't invent Metcalfe's Law, but nor
               | should they be surprised that it was hard for alternative
               | sites to compete. That is, after all, why they bought
               | YouTube in the first place and discontinued Google
               | Videos.
        
               | tjs8rj wrote:
               | Yes. Not so much a punishment as a responsibility that
               | comes with the position. The state isn't special: if you
               | have deep and fundamental influence over the lives of
               | others, you are burdened with certain responsibilities.
               | Who cares if youtube is a private company, and it's not
               | liking forcing them to respect rights is hurting their
               | pocket book: if you have that much power over people, you
               | are held accountable.
               | 
               | This idea that private companies earn special privileges
               | in this regard because they were started by individuals
               | needs to die.
        
               | bobthechef wrote:
               | Absolutely. It isn't collectivism to regulate industries
               | and companies that have enormous power to do good or
               | harm. This idea that private property is unconditionally
               | off limits is radically individualist and libertarian and
               | just as bad as collectivism. We aren't atomized
               | individuals. We all live in a society with a proper order
               | and a common good. When a company begins to do harm to
               | the common good, it must be regulated (or at least
               | certain activities should be criminalized which is
               | probably a better default in general than regulation).
               | The notion that "I can do what I want" as long as it
               | takes place in the private sphere is absurd. The private
               | is distinct from the public, but it also affects the
               | public and vice versa. Thus the presumption is in favor
               | of not regulating private activity, but not an absolute
               | and universally binding one.
        
               | CamperBob2 wrote:
               | _The notion that "I can do what I want" as long as it
               | takes place in the private sphere is absurd._
               | 
               | So what's your take on Lawrence v. Texas?
        
               | unethical_ban wrote:
               | Not the OP, but I think "companies" and "individuals" are
               | very different, and discussions around corporate
               | responsibility and society are different from regulating
               | social behavior between two individuals.
        
               | CamperBob2 wrote:
               | So what about regulating it between three individuals? Or
               | four? Or four hundred? At what point does collective
               | social behavior become (y)our concern?
        
               | bostonsre wrote:
               | They made an app that has the power to sway public
               | opinion and they reap billions of dollars of profit from
               | it. They can afford the burden that they took. If they
               | want to participate in the economy and society, it seems
               | only logical and right that they are required to not have
               | a detrimental impact on society. We don't allow companies
               | to do whatever they can do when chasing profits. We don't
               | allow companies to pollute however much they want so they
               | can make more money, we don't allow car companies to make
               | death trap cars, etc.
        
               | christkv wrote:
               | I'm not sure its punishment as long as they keep making
               | their pound of gold. In fact it probably makes it easier
               | for them since they can just say sorry it was x country
               | who made us do it allowing them to deflect any
               | responsibility.
        
               | lhorie wrote:
               | The way I interpret it is that wording an agreement in
               | terms of "we can delete whatever for whatever reason"
               | doesn't specify in advance exactly what is fair game and
               | what isn't. This is similar to Rossmann's complaints that
               | NYC shouldn't get to fine a business for an alleged
               | violation if they themselves cannot explain what the
               | rules are in the first place.
               | 
               | So ideally if a video is to be taken down, it ought be
               | under a rationale along the lines of "you agreed to not
               | doing [very specific thing] and this video does it,
               | therefore we took it down", not "technically by clicking
               | on a link in our site, you agreed to fine print that says
               | you'll sell us your soul, so suck it"
        
             | pionar wrote:
             | Hmm, when did they do this?
             | 
             | I actually think Germany has it backwards here. If the
             | German government wants to provide a free-speech "safe
             | zone", they should provide it themselves.
             | 
             | You're encouraging government coercion of action.
        
               | username90 wrote:
               | > If the German government wants to provide a free-speech
               | "safe zone", they should provide it themselves.
               | 
               | But that is what they are doing here, no? They just use
               | Youtube as the way to provide it. Governments doesn't
               | have to run businesses themselves, private actors are
               | much better at running the day to day stuff usually.
               | 
               | Similarly if you own a huge amount of land and build a
               | city there and let lots of people move in, don't get
               | surprised when the government seizes your square and
               | roads and make them public, or at least force you to let
               | people move there as if they were public roads.
        
               | travismark wrote:
               | but the government isn't paying YouTube to host videos.
               | eminent domain and related takings require compensation
        
               | eqvinox wrote:
               | This isn't eminent domain, the government didn't decide
               | to build a video service that they need to evict Youtube
               | for. Apparently Youtube decided to remove a video without
               | proper support in their terms of service, so they're
               | being judged to be in violation of their contract with
               | the user.
               | 
               | Whether or not Youtube should have a clause in their
               | terms allowing them to remove arbitrary content is a
               | different question, and yet another is whether they
               | should be _allowed to_ have such a clause.
        
               | imwillofficial wrote:
               | Perhaps in your jurisdiction, but in this hypothetical
               | example, I guess not.
        
               | josefx wrote:
               | Think about it this way, you build something that looks
               | like a pub, provides the services of a pub and say you
               | are open for business. Would it be really that surprising
               | that the state enforces laws that apply to pubs on your
               | business or would you tell the health inspector to fuck
               | off and open his own pub if he has problems with it?
        
               | eli wrote:
               | Seems more like the government ordering you to serve a
               | disorderly patron you previously ejected
        
               | fnmall wrote:
               | I don't see any similarities here: A really disorderly
               | patron is hard to avoid in a restaurant but easy to avoid
               | on YouTube.
               | 
               | Then, on YouTube (or woke mailing lists) there are mostly
               | two sides, only one of which gets censored: The one that
               | opposes the dominant clique.
               | 
               | YouTube is full of filth that is kept up because it is
               | non-political and makes money for Google. If Google were
               | really woke, it would take down all videos that are
               | demeaning to women (according to their ideology). They
               | don't, because these videos are a cash cow.
        
               | yorwba wrote:
               | If you want a real analogy, it's more like a pub where
               | most drinks are free because they're served by other
               | customers and the owner makes money by auctioning ad
               | space on the glasses. Anyone can go there to hand out
               | free drinks, provided they follow the rules, like no
               | alcohol in the kids corner and no coca wine. If someone's
               | drink is very popular, they get a cut of the pub's
               | advertising revenue.
               | 
               | Now someone walks in and starts offering Corona. It's not
               | everyone's favorite, but still decently popular, and the
               | owner has no problem with that.
               | 
               | Until a few hours later, when a new line is added to the
               | list of rules on the door: "no Corona". Then the owner
               | tells the person handing out free Corona that they're
               | breaking the rules and kicks them out.
               | 
               | Is that fair? Not in this case, says the court. Everyone
               | agrees to the rules when they walk through the door, but
               | the owner can't just willy-nilly change them after the
               | fact.
               | 
               | (If you want to really understand the decision, you'll
               | have to read the original instead of relying on
               | analogies.)
        
               | 8ytecoder wrote:
               | Yeah, but it's still my property and you can't make me
               | serve a beer I don't like.
        
               | josefx wrote:
               | But you will be required to serve non alcoholic drinks.
        
               | bakuninsbart wrote:
               | If your pub, for example, refuses to serve people of
               | color, then yes, the government will come in and shut it
               | down.
        
               | [deleted]
        
             | eli wrote:
             | Seems like Germany should simply nationalize the platform
             | if that's what they want.
        
               | neom wrote:
               | Sad you're getting downvoted, I was thinking about this
               | the other day, if nations really want to limit
               | applications on the internet, they need to create a free
               | to use high quality national alternative, and personally
               | I don't think this is an awful idea. Canadian "twitter"
               | provided by a gov entity? I would for sure be interested
               | in that. The ability to use a home grown twitter that I
               | needed to use some government ID to log into and had been
               | thought about sensibility, at least then I'd know what
               | I'm getting myself into. I'm not saying it should replace
               | regular internet, just that I wouldn't be apposed to more
               | controlled nationalized alternatives. I'd like to talk to
               | fellow Canadians, in the "comment section", in a manner
               | that I know with over 80% confidence they're actually in
               | Canada.
        
               | whbrown wrote:
               | It's not theirs to take.
               | 
               | And anyhow, the GDR dissolved over 30 years ago, I should
               | think their economic policies died with them.
        
               | eli wrote:
               | Is it theirs to force them to host content Google wishes
               | to delete?
        
               | whbrown wrote:
               | It's theirs to host the videos themselves if they deem
               | them worthy of being hosted.
        
               | eli wrote:
               | The German government? Yeah I think they should host
               | videos themselves if they want them to be online and
               | google doesn't.
        
               | zucker42 wrote:
               | Do you think Germany "nationalizing" YouTube is less
               | extreme than this ruling?
        
               | ApolloFortyNine wrote:
               | Forcing Google to host content against their will is
               | pretty close. I guess in this case it's better than
               | nationalizing though, Google has to pay for the hosting,
               | and you get to tell Google they're not allowed to delete
               | videos.
        
               | the_lonely_road wrote:
               | I require guests in my house to take their shoes off.
               | They don't have to do it, they can just leave. But if
               | they want to stay in my house they need to take their
               | shoes off.
               | 
               | No one is holding a gun to YouTube's head and telling
               | them they have to serve video content to Germans. They
               | want to be in Germany serving video content, so it's only
               | fair and just that they should listen to the Germans and
               | do what they say or leave.
        
               | eli wrote:
               | A country isn't really like your house though, is it?
               | 
               | Germany could probably tell Google not to host any videos
               | from the opposition political party under penalty of fine
               | or expulsion. Hopefully we agree that that would be bad?
        
               | meltedcapacitor wrote:
               | They did not delete it because it was unprofitable to
               | host.
               | 
               | If they want to diminish the impact legally and
               | profitably, they can just drown it in in more intrusive
               | ads.
        
               | miiir0 wrote:
               | Law overwrites contracts
        
           | ghayes wrote:
           | Is this not in direct conflict with the quote from the
           | article / OP. The summary should have this been "regardless
           | of the the contract, we hold that ..." which is different
           | from the aforementioned quote:
           | 
           | > The German court held that YouTube failed to make its
           | enforcement authority clear in its contract with the account
           | operator who posted the video.
        
             | yorwba wrote:
             | It's a multi-layered argument and a bit of it probably got
             | lost in the process of summarizing it for news reporting
             | and the subsequent translation. You can find the original
             | decision from April 2021 where YouTube was ordered to put
             | the video back up here
             | https://www.justiz.sachsen.de/esamosplus/pages/index.aspx
             | by searching for Aktenzeichen "4 W 118/21" and then
             | clicking on ,,Dokument offnen".
             | 
             | It does contain language quite similar to "regardless of
             | the contract, we hold that ...":
             | 
             |  _Dahingestellt bleiben kann dabei, ob die
             | Nutzungsbedingungen bzw. die ,,Richtlinie zur medizinischen
             | Fehlinformation uber COVID-19" einer AGB-rechtlichen
             | Kontrolle standhalten, insbesondere, ob sie dem
             | Transparenzgebot genugen bzw. den Nutzer nicht unangemessen
             | benachteiligen (SS307 BGB). Denn die Inhalte des
             | streitgegenstandlichen Videos verstossen bereits nicht
             | gegen die Ende Januar 2021 gultige ,,Richtlinie zu
             | medizinischen Fehlinformation uber COVID-19" (aa).
             | Bezuglich der Neufassung der vorgenannten Richtlinie hat
             | die Beklagte dagegen nicht glaubhaft gemacht, dass diese
             | wirksam in den Vertrag einbezogen ist (bb)._
             | 
             | "The question whether the terms of use resp. the
             | "guidelines regarding medical disinformation about
             | COVID-19" would withstand a check under ToS-law, especially
             | whether they are sufficiently transparent resp.
             | inappropriately disadvantage the user (SS307 BGB) can be
             | left aside. Because the content of the video under dispute
             | already does not run counter to the "guidelines regarding
             | medical disinformation about COVID-19" that were in effect
             | at the end of January 2021 (aa). As for the revised version
             | of the aforementioned guidelines, the accused has not
             | convincingly argued that it has been effectively
             | incorporated into the contract (bb)."
        
             | Phil_Latio wrote:
             | The OP is about the ruling of a lower court though. I guess
             | they didn't even reach the fundamental question.
        
           | remarkEon wrote:
           | >wrote this in one of their rulings:
           | 
           | Which ruling? Have a link (in German is fine)?
        
             | Phil_Latio wrote:
             | https://openjur.de/u/2271157.html Absatz 110
        
           | bsd44 wrote:
           | That's very encouraging. We should make this a law on the EU-
           | level.
        
       | anm89 wrote:
       | Naval Ravikant seems to be a divisive figure here but I think he
       | made a profound point when he discussed this topic on Joe Rogan's
       | podcast.
       | 
       | The point was that, as a platform, you cross a line which is very
       | difficult to ever revert when you optionally censor your platform
       | in response to political pressure because both sides are then
       | forced from a game theory perspective to aggressively pursue
       | censoring your platform in their favor lest the other does it
       | first. The platform ends up being collateral damage in some
       | political war they never cared about in the first place and they
       | can never win because no matter who they bend too, it
       | automatically enrages the other side.
       | 
       | This seems like where youtube and twitter and facebook are at
       | now. They caved to censoring things that were reasonable, but now
       | anyone can make them censor anything as long as they have some
       | poltical power somewhere. It's not going to end well for them.
       | Their only winning move was to stay neutral and do nothing but
       | comply with legal requests.
        
         | IfOnlyYouKnew wrote:
         | How does "staying neutral" prevent people from pressuring you?
         | Is there any doubt that YouTube et al have and always had the
         | ability to remove anything they wanted from their platforms?
        
         | saurik wrote:
         | I was with you until the very end, when I feel like you threw
         | away the argument by seemingly being open to "legal requests";
         | the "political wars" you get dragged into tend to be from
         | politicians that are certainly making "legal requests": hell,
         | if they aren't legal, they change the law!
         | 
         | I feel like the core problem in many cases was building a
         | system where someone gets to be arbiter of content in the first
         | place: Apple claims they take software down due to "legal
         | requests" by/in various countries (though this is a lie as they
         | also do it anti-competitively or for market perception reasons,
         | but even taking them at their word here) and yet they _caused_
         | the ability to do that as somehow Android devices sold in the
         | same jurisdictions support installing arbitrary software
         | without issue.
         | 
         | Platforms like Twitter and YouTube make their problems worse by
         | recommending content--which is entirely their editorial
         | decision and should be seen as such: any benefits or costs,
         | moral or legal, should fall squarely on their shoulders--and
         | then conflating that with having the ability to publish, but
         | they would be in a much more morally (and often legally)
         | defensible position if they simply didn't actively recommend
         | content they disliked but still let it be found by people who
         | actively followed the publisher.
         | 
         | Regardless, as usual, I will now link to my heavily-cited talk
         | (every single slide is inherently a citation from a reputable
         | news source) that I gave in 2017 (maybe 2018? the video was
         | unlisted and I only just recently made it public as someone
         | noted I had never done that, and now the upload date is weirdly
         | set to last week ;P) at Mozilla Privacy Lab--"That's How You
         | Get a Dystopia"--wherein I push hard at the idea that
         | centralized systems and the arbiters they empower are the core
         | problem and never work out, even if you like some of their
         | decisions for some of the time.
         | 
         | https://youtu.be/vsazo-Gs7ms
        
           | vbezhenar wrote:
           | If a website does not honour legal request, it'll get
           | blocked, so its entire content will be effectively removed
           | for all citizens.
           | 
           | The proper approach IMO is to honour legal requests, but
           | provide transparency and display some information about
           | blocked content, like who made the request to block it and so
           | on. Of course content must only be blocked for requests
           | originating from that specific country.
        
             | saurik wrote:
             | But that doesn't solve the problem, as the "political wars"
             | the person I was responding to described all work in the
             | world of increasingly tight laws; you have to avoid being a
             | target in the first place by correctly navigating the space
             | of solutions for how content is distributed in the first
             | place. Take the Apple iPhone example: if Apple is forced to
             | remove an app from their app store by China, it doesn't
             | matter if the user can install it on the side... and
             | somehow China has _not_ managed to force companies to not
             | provide that functionality: Apple going out of their way to
             | centralize both app distribution and even API access (VPN
             | functionality, as a specific example, is hidden behind an
             | entitlement that they don 't give to casual developers) is
             | work they _chose_ to do that directly enables the ability
             | to even make  "legal requests" quickly and easily.
             | 
             | I maintain the moral equivalent of this for platforms like
             | Twitter and YouTube is to stop conflating their centralized
             | recommendation systems (which should be considered "their
             | speech") with the functionality to publish at all (which
             | should be considered "someone else's speech"): it is going
             | to be way less controversial to stop recommending something
             | that someone else likes if it is still accessible to people
             | who know about it (as they externally discovered the
             | content or author and were directly linked to it/them), and
             | it is also going to be way less controversial to allow
             | people to publish something that someone else doesn't like
             | to their own audience if it isn't being actively
             | recommended to third parties. These recommendation systems
             | have started to conflate "being able to say what you want"
             | with "being able to be granted a large audience" so well
             | that the feature set for moderation fails to separate them,
             | and that's bad for everyone: there is a reason why we talk
             | about "the right to free speech" instead of "the right to
             | be heard".
        
             | jMyles wrote:
             | > If a website does not honour legal request, it'll get
             | blocked
             | 
             | If that is happening, then the architecture of the internet
             | needs to take more evolutionary steps.
             | 
             | If the state can censor the internet, there's nothing
             | 'inter' about it. It's just a network, subject to the whims
             | of its flailing predecessor.
        
               | vbezhenar wrote:
               | > If that is happening
               | 
               | Yes, that is happening for many years. China being the
               | most known state, but AFAIK even well-recognized first-
               | world democratic countries like UK block some websites.
               | 
               | > then the architecture of the internet needs to take
               | more evolutionary steps.
               | 
               | Adoption of IPv6 is a good example that architecture of
               | the Internet is pretty much set in stone at this moment.
               | We can put more layers on top of it, like Tor network,
               | but underlying protocols are still IPv4/IPv6 with enough
               | meta-information to allow efficient blocking of protocols
               | or resources.
               | 
               | I have some hopes that new TLS standards with hostname
               | encryption (ECH) along with CDN networks will make
               | blocking impossible. But even that is easily circumvented
               | with government MITM. Kazakhstan already deployed all the
               | necessary hardware and did some successful tests on
               | scale. Browsers blocked its root certificate, but will
               | they block (imaginary) China root certificate, losing
               | 1.5B users?
        
           | clairity wrote:
           | > "...centralized systems and the arbiters they empower are
           | the core problem and never work out, even if you like some of
           | their decisions for some of the time."
           | 
           | centralization is merely a necessary but not sufficient
           | ingredient for dystopianism. you also need a ratcheting
           | consolidation of power, especially money (provided by
           | advertisers in this case) and attention/influence (provided
           | by viewers). centralization is simply one of those (key)
           | ratchets that can be leveraged to further consolidate power
           | for the benefit of directors and executives.
           | 
           | relatedly, the american constitution is an experiment in
           | crafting a centralized system with checks and balances stable
           | enough to withstand assaults of power consolidation. the jury
           | is still out, but it's looking somewhat bleak at the moment,
           | given a runaway executive branch fueled by an unhinged
           | fed/central bank. we seem to be stomping on the gas pedal
           | even as the brick wall looms ahead.
           | 
           | in any case, i've long been an advocate of right-sizing
           | organizations of all sorts, especially governments and
           | companies. we've concretely learned over the past many
           | decades that the negatives of large (and small, but those
           | tend to self-regulate away) entities eventually far outweigh
           | the benefits, and are better substituted by a more diverse
           | and specialized collection of medium-sized ones.
        
             | saurik wrote:
             | It is not merely a "key" one, though, as it is (as you
             | admit) a "necessary" one: we see centralized systems abused
             | for reasons both lofty and petty by organizations both
             | large and small; but, if you don't have (or _at least_ make
             | obvious... like,  "come on", right?! these companies seem
             | to have a giant "come at us" sign they wave around) some
             | centralized chokepoint, then the problem disappears. At
             | best, I would argue that these other influences you list
             | are themselves centralizations that attempt to push
             | platforms to be more centralized (whether for political,
             | monetary, or whatever else gain). (Also, ancillary point: I
             | would argue the explicit goal of the design of the US
             | government is that it isn't centralized... those checks and
             | balances come from how there isn't a centralized chokepoint
             | of power; we are at our worst when we allow people to--when
             | times seem good--undermine this decentralization by
             | consolidating more power in one of the branches over the
             | others.)
        
         | dukeofdoom wrote:
         | Its pretty clear these platforms are not Neutral.
         | 
         | Facebook literally set up vote drop boxes to maximize number of
         | votes in precincts that heavily favour democrats in last
         | election. They also banned a sitting president. So why even
         | bother pretending they are neutral, when the evidence is pretty
         | clear that they set out to sway elections. You can watch the
         | Sergey Brim upset video after Trump won in 2016.
         | 
         | https://www.cnn.com/videos/cnnmoney/2018/09/13/google-video-...
         | 
         | I don't have problem with them having a side. And acting
         | honestly and openly or even making one sided campaign
         | contributions.
         | 
         | I have a problem with a reinforcing circle, where they censor
         | to help elect a government which then rewards their censorship
         | with contracts. At that point they become state actors,
         | censoring on behalf of the state. and I think this is the real
         | issue. And I think we are pretty much there.
        
         | eli wrote:
         | > _They caved to censoring things that were reasonable, but now
         | anyone can make them censor anything as long as they have some
         | poltical power somewhere._
         | 
         | Can you define "reasonable" here in an objective way that we
         | could all agree on?
         | 
         | There's no such thing as neutrality. Leaving up a popular anti-
         | vax video is just as political a decision as taking it down.
        
           | syshum wrote:
           | Platforms that claim to be open content systems (i.e it is
           | not topic limited like say a Mac Forum) should only remove
           | content that is illegal in nature, i.e Sexual Exploitation of
           | minors, True Threats, etc.
           | 
           | > popular anti-vax
           | 
           | since Anti-Vax has now been refined to include anyone that
           | opposes government mandated vaccinations, I am a Vaxxed Anti-
           | Vaxer as I oppose all government mandates. People should be
           | free to choose on their own if they want a vaccine or any
           | other medical treatment.
           | 
           | So should a video of me expressing this position be removed
           | under an "anti-vaxx" policy?
        
             | namlem wrote:
             | You would never want to use a big platform that had no
             | moderation, the quality would be shit. For a small, niche
             | platform, it's fine, but as platforms grow they get filled
             | with 13 year-olds posting garbage, which someone has to
             | clean up to avoid driving away other users.
        
               | cratermoon wrote:
               | See, for example, the Eternal September
        
               | syshum wrote:
               | I do not want to, nor do I use any of the big platforms
               | now... I have no twitter account, no facebook account, no
               | insta account, no tiktok account, etc...
               | 
               | I have locals.com account, reddit accounts (which is
               | diminishing amount of my usage as they continue to
               | "mainstream" aka censor the site) , and HN, that is
               | pretty much it for me
        
               | namlem wrote:
               | The quality decline from mainstreaming isn't due to
               | censorship, it's due to the increased presence of normies
               | and children. Meanwhile the heavy-handed censorship of
               | subreddits like AskHistorians has resulted in the
               | preservation of high quality standards.
        
               | SV_BubbleTime wrote:
               | I don't agree that decent conversation can only exist
               | with heavy moderation.
               | 
               | If you haven't seen the issue with echo chambers by
               | now... you're in one.
        
             | eli wrote:
             | You are of course free to create a platform that only
             | removes illegal content, just as Twitter or YouTube is free
             | to to remove content they don't like.
             | 
             | But I think you'd find two problems: determining what could
             | be illegal is really hard (what's a "true threat" and
             | what's a tasteless joke?), and also you'd end up with a
             | community that looks a lot like 4chan or parler. Not a
             | place I would choose to hang out.
        
               | fulafel wrote:
               | Many well regarded distributed platforms are like that
               | too (the web and blogosphere, email, mastodon,
               | xmpp&matrix). The common feature is federated islands
               | that can somewhat form filtered views of the global
               | system.
        
               | syshum wrote:
               | I think we have proven time and time again that you can
               | not actually create your own platform, if you try then
               | come after your hosting providers, your network provider,
               | your advertisers, your payment processors, and if that
               | fails they find your family to go after their employers,
               | etc etc etc
               | 
               | So the "just create your own platform" trope has be tried
               | and failed.
        
               | akira2501 wrote:
               | > Not a place I would choose to hang out.
               | 
               | While that may be true.. do you not believe that the
               | exceptional openness of either of those two platforms has
               | an impact on places outside of them? Do you think there's
               | no intangible benefits to you by these places merely
               | existing?
        
               | rodgerd wrote:
               | > do you not believe that the exceptional openness of
               | either of those two platforms has an impact on places
               | outside of them?
               | 
               | Oh, there's definitely an impact.
               | 
               | > Do you think there's no intangible benefits to you by
               | these places merely existing?
               | 
               | Yeah, the campaigns to harass a game emulator developer
               | to suicide because "40% is a good start" are a fantastic
               | benefit to society, obviously.
        
               | eropple wrote:
               | The primary export of places like that has proven to be
               | brigading, harassment, and bigotry in the form of memes,
               | so...no, not really.
               | 
               | I have yet to hear a positive argument for their
               | existence, and "well it collects the dirtbags!" is
               | actually _not one_. I spent years tracking reactionary
               | and fascist movements on the internet and how they
               | interrelate and spread information; these sites more or
               | less exist to do exactly that. The targeted harassment
               | campagins that target random people they 've decided not
               | to like--that's just "for the lulz".
        
               | CrazyPyroLinux wrote:
               | > bigotry in the form of memes
               | 
               |  _gasps and clutches pearls_
        
               | eropple wrote:
               | The norming of bigotry should be recognized and acted
               | against when it occurs. When that norming is done through
               | (shitty) humor, it should be pointed out as such. Did you
               | have a point to make?
        
               | eli wrote:
               | What places? Like a hypothetical anti-censorship
               | platform, or are you thinking of something that already
               | exists like 4chan (if that even counts)?
        
           | anm89 wrote:
           | I'm subjectively inserting that comment. I think that a lot
           | of it was reasonable. I'm not arguing that it was objectively
           | reasonable. I'm writing my thoughts on the internet. I'm not
           | obligated by the burden of proof to justify my subjective
           | opinions.
           | 
           | >There's no such thing as neutrality. Leaving up a popular
           | anti-vax video is just as political a decision as taking it
           | down.
           | 
           | Nonsense. We don't apply this standard to anything else in
           | life.
        
             | eli wrote:
             | That's my point. There is no objectively reasonable way to
             | do this. What you think is reasonable to take down and what
             | I think is reasonable to take down are not going to always
             | agree.
             | 
             | I'm not sure what "elsewhere in life" means, but bookstores
             | choose what books they will sell while also not necessarily
             | endorsing every book they carry.
        
               | ergocoder wrote:
               | Unless it is the only book store in town, banning certain
               | books would be problematic.
        
               | RHSeeger wrote:
               | > I refuse to take down anything that doesn't come with
               | the force of law to take it down
               | 
               | and
               | 
               | > I refuse to take down this video, because I do not
               | think it needs to be taken down
               | 
               | are two VERY different things. The first one is a
               | political choice about taking down videos in general. The
               | second one is a political choice about a specific topic.
               | The second one is more or less similar to taking down the
               | video because you think it needs to be taken down (same
               | topic, different political decision)... the first one is
               | absolutely nothing like that.
               | 
               | Edit: In case it wasn't clear (because I replied in the
               | wrong place), this is the comment I was discussing
               | 
               | > There's no such thing as neutrality. Leaving up a
               | popular anti-vax video is just as political a decision as
               | taking it down.
               | 
               | While it may be "just as political", it's a political
               | about a totally different thing.
        
               | eli wrote:
               | I get what you're saying, but I just don't agree. They're
               | only different in the abstract. At some point an
               | incredibly noxious (but legal) video gets posted,
               | complaints pour in, and you are either continuing to host
               | it or you aren't. That's a decision and having a policy
               | of "we never remove legal videos" doesn't absolve you.
               | 
               | Anyway, a social platform that only removes illegal
               | content (not even spam?) sounds absolutely dreadful and I
               | would not use it and no one would pay to advertise on it.
        
               | toast0 wrote:
               | On a social platform where I'm only seeing content posted
               | by my friends (or maybe content my friends interact
               | with), anything dreadful I see is brought to me by my
               | friends.
               | 
               | If my friends bring me dreadful content that I don't
               | like, I'm not sure we'll stay friends. If my friends are
               | spamming, I'll ask them to stop and if they continue, I'm
               | not going to stay friends (or at least I'll unfollow them
               | where they're spamming).
               | 
               | If people post garbage to my posts, I'll delete their
               | garbage and restrict access to my posts.
               | 
               | There's no need for the social platform to do moderation,
               | until it starts putting unrelated people's content in
               | front of me; which is something I don't really want from
               | a social platform.
        
               | eli wrote:
               | I mean sure, but I don't see how that concept maps to
               | YouTube.
               | 
               | It would be interesting to have a social platform where
               | you can only see mutual connections. I imagine it'd have
               | a hard time competing with email and group texts and all
               | the other ways people who already know each other can
               | stay in touch.
        
               | toast0 wrote:
               | Well, in my head (which I'll admit doesn't really match
               | reality), YouTube is a video hoster only, it's not social
               | at all. If something I'm reading or someone I'm talking
               | with links to a video, it's likely there. I might watch
               | that video, but I certainly don't read the comments and I
               | try not to look at the recommendations because both of
               | those areas are a cesspool.
               | 
               | If I'm searching for a video, I try to do it in a web
               | search, and likely it'll lead to YouTube, and hopefully
               | it'll actually be useful content (or Rick Astley, I
               | actually like that song).
               | 
               | Anyway, if I were YouTube, I would turn off comments
               | everywhere, and review videos before including them in
               | recommendations (which would leave a lot of videos out of
               | that section) and probably have a lot lower views.
        
               | yunohn wrote:
               | Have you read the HN guidelines? Most rules have nothing
               | to do with legality, and @dang moderates HN on a best-
               | effort basis to ensure quality discussion.
               | 
               | Presumably, you don't notice you're on a moderated
               | platform, but HN is very much not an unmoderated free-
               | for-all.
        
               | toast0 wrote:
               | HN isn't really a social platform, IMHO. I'm not
               | connecting with my friends here, I'm talking with all
               | sorts of random people. I absolutely notice it's
               | moderated, and I wouldn't be here if it wasn't.
        
               | yunohn wrote:
               | If this is your "line in the sand", why are we arguing
               | about YouTube? I cannot believe you connect with your
               | friends there...
        
           | akira2501 wrote:
           | > Leaving up a popular anti-vax video is just as political a
           | decision as taking it down.
           | 
           | Why is it political? They didn't commission the content or
           | request that it be created and hosted on their platform in
           | any way. They're offering the same reasonable self-hosting
           | process that they offer to anyone who shows up with an email
           | address.
           | 
           | It only seems to become political when you decide to take
           | action and either protect or remove the material. You're now
           | no longer a disinterested third party, you're making
           | editorial decisions and it's hard to believe they've taken
           | this step without considering the impact of those decisions.
        
             | notJim wrote:
             | The idea that the service is a neutral 3rd party who hosts
             | any video _is a political idea_ , in other words it is a
             | _choice_ made by platforms that both influences and is
             | influenced by _politics_. Note, because people get confused
             | on here, this doesn 't mean that it's a _bad idea_.
             | 
             | Other publishing media do not have this standard. For
             | example, the radio waves are another medium where the FCC
             | (which regulates them) could say that only certain things
             | are allowed, or they could say you can broadcast whatever
             | you want. (In fact I think they regulate content, re:
             | obscenity, but I don't want to look it up right now.)
             | 
             | So again, the idea of being only a neutral 3rd party who
             | hosts videos for all-comers is _a choice_ , which has
             | _political implications_.
        
               | akira2501 wrote:
               | > For example, the radio waves are another medium where
               | the FCC (which regulates them) could say that only
               | certain things are allowed, or they could say you can
               | broadcast whatever you want.
               | 
               | They can only do so because there is a limited number of
               | them and users cannot share the space, so it must be
               | licensed to be practically useful.
               | 
               | Also, the FCC cannot dictate to a station what it can and
               | cannot air, the FCC can enforce _community standards_ of
               | the community which is being served by that radio
               | station. They're not in a position to go searching for
               | violations and then act upon them, they merely respond to
               | complaints from the communities themselves.
               | 
               | > So again, the idea of being only a neutral 3rd party
               | who hosts videos for all-comers is a choice, which has
               | political implications.
               | 
               | Yes, but the service clearly exists to make money.. not
               | to make a political statement; which I agree may be
               | incidental, but that shouldn't be the basis for
               | interpreting their actions.
        
             | BeefWellington wrote:
             | > Why is it political? They didn't commission the content
             | or request that it be created and hosted on their platform
             | in any way. They're offering the same reasonable self-
             | hosting process that they offer to anyone who shows up with
             | an email address.
             | 
             | And profiting from it. The scope changes slightly when you
             | realize your business could get sued repeatedly because you
             | promoted misinformation (which is how it would be spun) and
             | someone died because they followed that misinformation.
             | 
             | This is risk, and few of these businesses want to tackle
             | that risk apparently.
             | 
             | It's a testament to how well marketers over the decades
             | have sold the idea that companies care about anything other
             | than their shareholders that people mistake profit-driven
             | motivation for political stances.
        
           | yunohn wrote:
           | > There's no such thing as neutrality. Leaving up a popular
           | anti-vax video is just as political a decision as taking it
           | down.
           | 
           | A lot of the replies to your comment fixate on this, since
           | they take issue with "everything is political". But I think
           | it's very true, and agree with you.
           | 
           | Why should YouTube host anything and everything that random
           | anonymous users decide to upload? Why is this /holy/ act of
           | uploading deemed undoable and unrevocable?
           | 
           | It's a very weird way of thinking that it's political only if
           | the video is removed, but not if it is kept online.
        
             | orangecat wrote:
             | _It's a very weird way of thinking that it's political only
             | if the video is removed, but not if it is kept online._
             | 
             | Because keeping it up is the default, while you have to go
             | out of your way to remove it.
             | 
             | If I own a store, is it as much of a political act to allow
             | Trump supporters to shop there as it is to ban them?
        
           | spoonjim wrote:
           | True, once you start deleting videos, then leaving any up is
           | a political decision. That's why, as a platform, you should
           | not be deleting any videos, other than those that violate the
           | law.
        
             | eli wrote:
             | Not deleting videos is also a political decision.
        
             | yunohn wrote:
             | The law is also subjective, there is no fixed law. There is
             | ever-updating case law and dynamic precedence, and it
             | differs by county<state<country.
        
             | nradov wrote:
             | It's not always clear whether a particular video violates
             | the law. If a video is in the legal gray area of, let's
             | say, advocating violence against a particular person then
             | should it be left online until a court specifically orders
             | removal?
        
               | ergocoder wrote:
               | Yes, that seems reasonable.
               | 
               | It is like getting a warrant to search your house. It can
               | be expedite if someone is in grave danger.
        
           | throwawayswede wrote:
           | > Leaving up a popular anti-vax video is just as political a
           | decision as taking it down
           | 
           | That's a misconception, and basically what the whole trolley
           | problem is all about. Doing nothing is not the same as doing
           | something. Each have their own ethical consequences and it's
           | not as easy as you think to spurt out the "right" answer.
           | Sure, you might have a preference that's difficult for others
           | to argue against or for, but others also have the right to
           | reach a different conclusion.
           | 
           | With that being said, may I ask you what you know about
           | vaccination? Are you using information from articles you've
           | read online from "authorized" sources, or are you an expert
           | on the matter? Again my point here is not to say that you're
           | wrong or right, you're absolutely free to reach whatever
           | conclusion you desire, but it's really difficult even for
           | actual experts in the medical field to know what's going on
           | currently, who's motivated by altruism, greed, selfishness,
           | or cronyism. Taking up these stands and pretending it's
           | "science" is an insult to science, because "science" is ever
           | evolving and there's no such thing as consensus in the
           | scientific process.
        
           | elmomle wrote:
           | Science isn't politics and the truth about scientific issues
           | isn't political, but misinformation about issues in which
           | there exists a scientific consensus is very definitely
           | political.
        
         | walkedaway wrote:
         | > Their only winning move was to stay neutral and do nothing
         | but comply with legal requests
         | 
         | They could have enforced their policies consistently across all
         | accounts instead of their strong anti-right/anti-conservative
         | bias. It's their selective enforcement that created issues for
         | them.
        
         | Zak wrote:
         | I think it was inevitable that these platforms would start
         | having content restrictions once they shifted to using machine-
         | learning algorithms tuned to maximize each user's engagement.
         | 
         | For a significant fraction of users, the most engaging content
         | will be psychologically manipulative - conspiracy theories,
         | racism, political intrigue, and the like. I see the combination
         | of an engagement machine and such content ethically
         | problematic, but I don't think they're going to turn off the
         | extremely-profitable engagement machine unless forced to, so
         | they restrict content instead.
         | 
         | The trouble is the engagement machine is sophisticated, while
         | the content restrictions are crude. This probably isn't
         | sustainable in its current form, but there aren't easy answers
         | to the problem. A _sophisticated_ "bad" content suppression
         | algorithm sounds pretty dystopian to me.
        
         | iamdbtoo wrote:
         | > The platform ends up being collateral damage in some
         | political war they never cared about in the first place and
         | they can never win because no matter who they bend too, it
         | automatically enrages the other side.
         | 
         | To me, the fact that they don't care about it is the problem.
         | Those companies are having issues because they have no moral or
         | ethical compass. It's become untenable for them to remain
         | neutral because there is no neutral actor in this scenario.
         | There's never going to be a service that's not held to a moral
         | standard for their content regardless of what the law says.
        
           | anm89 wrote:
           | You seem to assume that if they cared, they'd be on your
           | side. What makes you think that that's the case? They are
           | first and foremost accountable to shareholders who want
           | profit. It's unlikely that they view the world the same way
           | you do. You probably don't want them throwing their weight
           | around
           | 
           | You can argue that you don't like that they are accountable
           | to their shareholders but it is true.
        
             | iamdbtoo wrote:
             | No, I don't assume that. That's a very wrong assumption on
             | your part.
        
               | anm89 wrote:
               | But if you know in advance, that their actions would be
               | against your goals, why do you want them more active not
               | less?
        
         | throwawayswede wrote:
         | > They caved to censoring things that were reasonable, but now
         | anyone can make them censor anything as long as they have some
         | poltical power somewhere.
         | 
         | On some level, we have to acknowledge that whoever is running
         | the shitshow at youtube and twitter are actually responsible as
         | well, in that they believe they know enough to literally
         | dictate what everyone in the world should see and read.
         | 
         | For example banning Trump from Twitter is a great example of
         | this. Don't get me wrong, I'm no fan of his politics (or
         | Biden's, or any of them, same shit different smell i say), but
         | who the hell do Twitter people think they are that they feel
         | confident enough to ban him? Not talking in the sense of a
         | private company here, sure it's their business and they can do
         | whatever the heck they want, but does anyone really think that
         | by banning him they prevented whatever ideas of his that think
         | should not be encouraged to stop? At best, this shows
         | tremendous life inexperience, which I expect from kids who read
         | a couple of books and think that they understand everything,
         | the typical example of a tech company worker in a company like
         | Twitter.
        
           | kmeisthax wrote:
           | The thing about Twitter is that they had rules that Trump was
           | breaking regularly; and invented an entirely new "world
           | leaders policy"[0] and "public interest policy"[1] to justify
           | _not_ banning him. They even exempted him from DMCA repeat-
           | infringer policies[2] when music artists started taking down
           | his tweets with their music in them. Had Twitter not
           | intervened on January 9th, Trump would have been gotten
           | banned _anyway_ when he left office, purely because of him
           | _no longer being an elected politician_.
           | 
           | My personal opinion is that even if the thing that gets
           | banned or removed finds an audience (and it will), it's still
           | a good idea for any platform - from a tiny webforum to a
           | billions-strong social network - to have speech rules that
           | are fair and reasonably enforced. It's _not fun_ to be on a
           | platform where a handful of celebrities and politicians
           | (incl. Trump) are regularly flouting rules you have to
           | follow.
           | 
           | Furthermore, I'd much rather be in a community in which the
           | loudest and most obnoxious users are shown the door, purely
           | for my own sanity. Free-for-alls stop being fun when they
           | outgrow their original userbase.
           | 
           | [0] https://blog.twitter.com/en_us/topics/company/2019/worldl
           | ead...
           | 
           | [1] https://help.twitter.com/en/rules-and-policies/public-
           | intere...
           | 
           | [2] https://torrentfreak.com/could-trumps-twitter-account-be-
           | dmc...
        
           | kthejoker2 wrote:
           | There is a ton of actual evidence that removing bad actors
           | improves the quality of information on social networks:
           | 
           | https://www.axios.com/reddit-hate-speech-policies-
           | reduction-...
           | 
           | https://www.vox.com/2021/1/16/22234971/trump-twitter-
           | faceboo...
        
             | throwawayswede wrote:
             | That's not what I said. To reiterate, what I'm saying is:
             | Shady ideas fester in the dark. Banning won't help society.
             | Exposure and discussion does.
             | 
             | But the new and very different point that you're making,
             | which is "removing bad actors improves the quality of
             | information on social networks", is also very disputable
             | and shaky.
             | 
             | - First link is "Reddit says that the rules Reddit made
             | helped Reddit." is not exactly impartial, so forgive me to
             | mistrust it.
             | 
             | - Felt bad opening a Vox link (since so very obviously
             | biased, but whatever, opened it for a laugh). The say:
             | "misinformation slowed, the research indicates online
             | discussion around the topics that motivated the Capitol
             | riot has also diminished" if you don't see it (or if it
             | doesn't happen online) it doesn't mean it diminished
             | overall. The whole article is full of bias honestly. Sad
             | that you feel it's worthy enough to source.
        
               | namlem wrote:
               | The "marketplace of ideas" is a fiction that has long
               | since been debunked. The best ideas arent the ones that
               | win out, it's the loudest ones and the ones that appeal
               | to our most base emotions that win. Only a small
               | percentage of people actually possess intellectual
               | curiosity. Most just mindlessly follow social trends.
        
               | throwawayswede wrote:
               | > The "marketplace of ideas" is a fiction that has long
               | since been debunked
               | 
               | I don't think it's been "debunked" as you say. Provide
               | evidence. A few examples is not evidence to make such a
               | blanket statement.
               | 
               | > The best ideas arent the ones that win out, it's the
               | loudest ones and the ones that appeal to our most base
               | emotions that win.
               | 
               | Again, very much disagree with this. If you look short
               | term that may be true, but long term historically
               | speaking at least that has not been the truth.
        
               | namlem wrote:
               | Oh really? Then why is the number of people who believe
               | the earth is flat on the rise? Why do people still
               | believe in ancient mythologies that contradict scientific
               | knowledge that has been available for centuries?
               | 
               | Maybe on the scale of millenia ideas based in truth are
               | more likely to dominate, but I don't see how you could
               | make that claim about history when our current paradigm
               | of empirical knowledge is only a few centuries old, and
               | already it seems as though cracks are starting to form.
        
               | throwawayswede wrote:
               | > Then why is the number of people who believe the earth
               | is flat on the rise?
               | 
               | Why do you say it's on the rise? Have you considered that
               | there's lot more people, or that that the internet and
               | various "communities" on the web just gave extra
               | amplification to all sort of ideas? This is exactly why
               | nothing should be banned. If you want wrong ideas to be
               | corrected, you let them be discussed in the open. If you
               | start pulling down videos that talk about flat earth
               | you're gonna end up with grouping all people who think
               | like that in a community where they only get exposed to
               | ideas that affirm their erroneous belief.
               | 
               | > and already it seems as though cracks are starting to
               | form.
               | 
               | again, provide examples or evidence for how and where you
               | see this.
        
               | namlem wrote:
               | >you're gonna end up with grouping all people who think
               | like that in a community
               | 
               | That's exactly what not banning them is doing! Not that I
               | think flat earth content should be banned, as it seems to
               | be mostly harmless. Before the internet, people who
               | believed in fringe conspiracy theories didn't have a good
               | way to coordinate and group together at scale.
               | 
               | Hell, even in the mid 2000s, after the internet had been
               | around for a while, fringe communities tended to self-
               | segregate in their own forums. They group together and
               | formed echo chambers, yes, but they were also insulated
               | from broader society, and therefore had little ability to
               | acquire new converts. It was recommendation algorithms
               | that popularized fringe ideas, by pushing them to bigger
               | audiences that otherwise never would have been exposed to
               | them.
               | 
               | I think that's really the core of the problem,
               | recommendation algorithms. The algorithms don't know how
               | reliable or accurate the content they push is, they just
               | push whatever the machine learning model predicts will
               | keep the user engaged. I would much rather group the
               | people at the fringes into online ghettos than have them
               | roaming the broader web and spewing their nonsense to
               | anyone the algorithm recognizes to be vulnerable to
               | conspiratorial thinking.
               | 
               | As to examples of cracks in the paradigm is respect for
               | empirical knowledge, I don't think you have to look far.
               | The rise of political extremism has resulted in more
               | people on the far right and far left, ideologies that are
               | hostile to the notions of nuance and cool headed
               | reasoning, and thrive on emotionally driven messaging.
               | More than 15% of Americans believe in QAnon, and nearly a
               | third believe in the election conspiracy.
               | 
               | Meanwhile on the left, you have rhetoric that is
               | increasingly hostile to data-driven approaches to
               | problems, instead preferring "lived experience", ie
               | anecdotes. You have cases like David Shor's firing for
               | daring to tweet a study from a respected scholar that
               | appeared to challenge the zeitgeist at the time. Many of
               | these people are highly educated, or even academics
               | themselves.
               | 
               | And that's to say nothing of regular old snake oil that
               | has nothing to do with politics. Essential oils, healing
               | crystals, you name it. Misinformation is on the rise, and
               | most of the population is not equipped to deal with it.
               | Maybe this is a temporary growing pain, maybe not. I
               | don't think there's any way to know for sure right now.
               | But we do know that for most of human history we have
               | lived in the darkness, so it wouldn't be terribly
               | surprising if we end up returning to it.
        
               | travismark wrote:
               | practicing the 'marketplace of ideas' led to the single
               | most important idea/practice/accomplishment in history -
               | the constitution of knowledge. just read jonathan rauch's
               | new book. sure there are threats to this way of learning
               | and understanding, and it isn't perfect. but it's the
               | best we have, and it has not been debunked
        
               | namlem wrote:
               | To clarify, I belive that the marketplace of ideas is
               | still a useful principle, and I absolutely am worried
               | about censorship in certain domains. However, like any
               | market, the marketplace of ideas is vulnerable to market
               | failures. The idea that _everywhere_ should be a
               | marketplace of ideas is deeply unwise in my view. There
               | should be areas where people can discuss any ideas
               | freely, but I think it is foolish to deny the idea that
               | information can be dangerous in some contexts. Look no
               | further than the needless deaths caused by anti-vaxx
               | conspiracy theories. To have a healthy marketplace for
               | ideas, you need some degree of structure.
        
               | sofixa wrote:
               | > To reiterate, what I'm saying is: Shady ideas fester in
               | the dark. Banning won't help society. Exposure and
               | discussion does
               | 
               | Are you sure? That hasn't helped flat earthers or anti-
               | vaxxers ( of the vaccines cause autism camp), why do you
               | think it's true?
        
           | [deleted]
        
         | tvirosi wrote:
         | *Naval Ravikant (I thought there was something off with your
         | version.)
        
           | anm89 wrote:
           | Ha wow, I read that like 5 times and didn't catch that. Good
           | catch. Fixed
        
         | duxup wrote:
         | There's no avoiding this even if you don't " censor your
         | platform in response to political pressure " because everyone
         | assumes that is the case and the game is on...
         | 
         | It's not a case of deciding to:
         | 
         | >optionally censor your platform in response to political
         | pressure
         | 
         | Because so many people assume that if some content is removed
         | and it is <content I think should be permissible / like> well
         | then that must have been because of political pressure or views
         | at that company or something like that.
         | 
         | So by default:
         | 
         | > The platform ends up being collateral damage in some
         | political war
         | 
         | Even if the content removed wasn't removed due to political
         | pressure the accusations fly and the game begins.
         | 
         | Nobody is forced by a platform's actions to play the game, the
         | sad truth is people will believe the game is on all the times
         | to explain anything they don't like / don't understand.
         | 
         | Rudy Giuliani thought that Twitter was 'allowing' someone to
         | post content to his account without his permission ... but
         | really he had posted a link to a domain that didn't exist, then
         | someone registered and had some fun with him.
         | 
         | Rudy of course just filled in the blanks of his ignorance with
         | concerns of bias by Twitter... and there's A LOT of people who
         | do that (with all sorts of political views).
         | 
         | We had an article here on HN where up and down votes changed on
         | YouTube ... it was interpreted by some immediately as some sort
         | of political bias.
         | 
         | Have a platform? You're in the game...
        
           | anm89 wrote:
           | Right this is the entire point about how crossing the line
           | poisons the well.
           | 
           | Which is why they would have to be very clear that their
           | policy is to only respond to legal orders for takedowns and
           | nothing else.
        
             | duxup wrote:
             | I think the issue then is that the platform becomes ...
             | unusable.
             | 
             | The scale of spam of all kinds would render the service
             | useless. Even inaction would be interpreted as part of the
             | game ... and you're in the game again.
        
               | anm89 wrote:
               | You could ultimately be right that they took the better
               | of the two options and that this path would have killed
               | them. I personally disagree.
               | 
               | I think there is also more Grey here. They could have de
               | prioritized things in the algorithm to encourage the
               | direction of the community without explicitly
               | depltforming anyone or blocking\removing content. I think
               | its possible that they could have achieved a lot of what
               | they wanted with this method while avoiding poisoning the
               | well.
        
         | nemothekid wrote:
         | > _Their only winning move was to stay neutral and do nothing
         | but comply with legal requests._
         | 
         | No? This narrative is a bit ahistorical - and it's fueled by
         | this idea that hyperliberal boogeyman started censoring
         | everything.
         | 
         | If you look at what happened in 2017, Google started
         | "censoring" things because _advertisers threatened to boycott_.
         | The platforms couldn 't stay neutral because advertisers became
         | more and more concerned with staying out of any potential
         | scandal.
        
           | nomemerror wrote:
           | So people on HN suffer from memory loss?
           | 
           | 'hyoerliveral boogeyman' is actually a very accurate
           | description of the pervasive and ongoing censorship across
           | platforms, service providers, and many others.
           | 
           | What else do you call the complete removal of parler?
           | 
           | The on going suppression of covid news?
           | 
           | The ongoing suppression of even discussing the 2020 election
           | fraud?
           | 
           | Facebook warning people that they are being exposed to
           | extremism?
           | 
           | There are many more to list, in sure I'll get nitpicks, and
           | silent down votes -- my comment is likely auto dead because
           | HN canceled my opinion long ago, and not for any policy
           | violation, simply because I speak with truth and conviction.
           | 
           | HN is mostly propaganda.
        
             | eropple wrote:
             | _> What else do you call the complete removal of parler?_
             | 
             | Failure to adhere to terms and services or to express
             | intent to adhere to them going forward.
             | 
             | Parler couldn't or wouldn't stop people from breaking their
             | providers' terms of service and didn't show a good-faith
             | effort towards doing so. Other right-wing outlets _do_ do
             | those things, and have not gotten drilled despite their
             | odious beliefs.
        
               | re-al wrote:
               | at nomemerror (I cannot reply directly)
               | 
               | I don't understand why your comment is flagged and dead!
               | You are making a perfectly reasonable point. HN admins,
               | what is unacceptable about what is being stated - I
               | genuinely do not see it.
        
               | eropple wrote:
               | If you start going on about "election fraud", as that
               | poster did, I'll usually flag the post.
               | 
               | In this case, with my reply, I preferred to point out the
               | obvious mischaracterization and leave addressing the
               | mendacious falsehoods to others, but it looks like others
               | decided to do something about it.
        
               | re-al wrote:
               | Is it not possible to talk about election fraud? I
               | believe that this really has happened historically.
               | 
               | I would be fine to agree with you if you have proven that
               | there is not election fraud, but obviously having a
               | different opinion is not proof.
        
           | handrous wrote:
           | They (Twitter, Facebook, Youtube, even Reddit) act so very
           | much like publishers that it seems to me the mistake was
           | granting "platform" protections to sites that: claim broad
           | rights over posted content; use complex logic to decide what
           | to promote (that they promote anything is alarming, for a
           | "platform"!) and what a visitor sees while also _hosting and
           | distributing_ that content they 're highlighting or promoting
           | (which makes them distinct from some rando's best-of lists on
           | their personal website, linking to content hosted elsewhere);
           | place ads alongside content _but sometimes choose not to_ ;
           | and, at times, engage in revenue sharing. And that's before
           | we even get into the censorship.
        
             | IfOnlyYouKnew wrote:
             | Unless you know of a way to do moderation 100%, liability
             | for user-generated content is infeasible.
             | 
             | The fulfillment of this fantasy of forcing platforms to
             | abandon their efforts will just lead to all of social media
             | degenerating into cesspits as they fill up with porn and
             | swastikas and all normal people leave.
        
               | handrous wrote:
               | > Unless you know of a way to do moderation 100%,
               | liability for user-generated content is infeasible.
               | 
               | I agree that highly-public social media anything like
               | what we see now wouldn't work anymore.
               | 
               | I don't even necessarily think that we should kill 230,
               | but I don't think you should be able to curate and
               | promote content, and claim strong rights to posted
               | content, and still enjoy its protections. Yes, this means
               | "algorithm-curation" social media with broad public
               | visibility of content and that claims significant
               | ownership of posted content, would be in trouble. I think
               | services like that _should_ struggle to operate that way.
               | Take ownership or don 't, none of this pretending to be
               | one thing while doing another stuff. That doesn't mean we
               | have to crack down on web hosts or ISPs or email
               | providers or anything like that, since they're not doing
               | most of that stuff.
        
             | eli wrote:
             | This "platform vs publisher" thing is a myth based on a
             | misunderstand of how Section 230 works. The law doesn't
             | actually distinguish between the two.
        
               | dane-pgp wrote:
               | Perhaps the most relevant distinction is between
               | "moderation that the users have a choice about" versus
               | "moderation that the users don't have a choice about".
               | 
               | If a site wants to hide all posts/videos that promote
               | some unpopular political belief, or use offensive words,
               | then implementing that censorship as the default user
               | experience is perfectly acceptable, as long as users can
               | choose to opt out of that censorship.
               | 
               | There might be multiple reasons why a given post/video
               | could be censored, and perhaps there is a small burden on
               | sites to tag every single reason rather than mark it for
               | censorship at the first excuse, but I think that a lot of
               | the tagging work could be made the responsibility of the
               | user who uploaded it.
               | 
               | Such a system would hopefully make moot the slightly
               | disingenuous argument that "If sites can't ban political
               | opinions I don't like then they also won't be able to ban
               | spam". Obviously sites would be allowed to put neutral
               | resource limits on users, to prevent DoS attacks.
        
               | handrous wrote:
               | It distinguishes between _something_ and a publisher, in
               | that it says whatever-you-want-to-call-that-something can
               | 't be treated as the publisher (it uses that word) of
               | information it's distributing.
        
               | eli wrote:
               | It distinguishes between the person who _uploaded_ the
               | video and YouTube hosting the video. How YouTube exerts
               | editorial control to promote some videos or delete others
               | is not relevant. This is a good rule. HN couldn't
               | possibly exist without it.
               | 
               | There's been a lot of really bad information on 230 from
               | people who ought to know better.
        
               | infamouscow wrote:
               | The law is written by people, so it frankly doesn't
               | matter what it says currently because it can (and
               | probably will) change.
        
               | eli wrote:
               | I mean, sure, but parent comment was implying platforms
               | have special legal protections currently, which isn't
               | really the case.
        
               | pindab0ter wrote:
               | It's an international issue that not only U.S. law
               | applies to. And even if it did, it's still worth
               | discussing.
        
             | bcrosby95 wrote:
             | The whole point of section 230 was to make imperfect
             | moderation legal. It wasn't enacted because some random
             | personal sites got sued. It got enacted because some very
             | large companies got sued and congress thought the results
             | of the court cases were illogical.
             | 
             | It sounds like it's doing its job.
        
           | throwawaysea wrote:
           | A few points:
           | 
           | 1. Google definitely censors things on their own as well.
           | Their own search engine turns up a long list of examples, so
           | I won't rehash them all here, but one illustrative example is
           | their censorship of the dissenter plug-in
           | (https://reclaimthenet.org/google-chrome-web-store-bans-
           | disse...), which also seems to be an example of censorship
           | collusion within the tech industry.
           | 
           | 2. Google has a long history of internal activism that is
           | highly progressive, and regularly applies pressure on the
           | company, and creates a culture of fear for employees who are
           | either conservative, centrist, or even moderately left-
           | leaning. The James Damore fiasco is a great example of the
           | internal political culture rearing its head and how it
           | impacts who's comfortable speaking up and steering the
           | company's culture (https://www.inc.com/suzanne-lucas/google-
           | fires-employee-for-...).
           | 
           | 3. Why do you think advertisers became "more and more
           | concerned"? It's because of left-leaning activist pressure
           | from groups like Sleeping Giants who have made it their
           | mission to organize activists and create a false sense of
           | societal pressure on advertisers
           | (https://en.wikipedia.org/wiki/Sleeping_Giants). It's the
           | same as Google censoring things, because typically activist
           | employees will draw attention internally to these activist
           | campaigns, and try to alter the company's otherwise neutral
           | stances. There's also a pipeline from internal activist
           | employees to certain members of the press (like Geekwire) to
           | try to use external pressure to move company stances.
        
             | nemothekid wrote:
             | > _The James Damore fiasco is a great example of the
             | internal political culture rearing its head and how it
             | impacts who 's comfortable speaking up and steering the
             | company's culture_
             | 
             | I'm willing to accept the premise that Google could have
             | neoliberal pressure on the company (I don't know if I would
             | consider the pressure you allude to be progressive or left
             | leaning). That said, James Damore's memo, if you've read it
             | is not a good example of it and I believe he was rightly
             | exiled for it. The memo is poorly sourced _and_ poorly
             | argued. It reads like someone who doesn 't understand
             | Dunning-Kruger is.
        
           | mensetmanusman wrote:
           | Those threats were never serious though, because YT is too
           | big, but also because advertisers know they can advertise on
           | certain subsets of content that is not offensive.
        
           | danenania wrote:
           | The advertisers are bluffing when they threaten these
           | boycotts. They're not going to stop advertising on google,
           | facebook, twitter, etc., which these days probably represents
           | a majority of their advertising budget and even more of their
           | ROI. They'll make threats because it costs them nothing, but
           | all the platforms need to do is say "no" and that would be
           | the end of it. Even better: immediately ban the accounts of
           | companies that make these threats. They won't receive any
           | more of them.
        
             | addicted wrote:
             | They don't need to stop all advertising. They can simply
             | stop advertising on Youtube and focus advertising on
             | Facebook, or stop on Twitter and focus on Tik Tok.
             | 
             | They can pit the providers against each other. And that's
             | basically how a free market works.
        
             | eli wrote:
             | Yeah I don't think Facebook is going to ban Coca Cola
        
           | voxic11 wrote:
           | Google's response to pressures from advertisers wasn't to
           | censor anything. They just demonetized videos that the
           | advertisers didn't want to be associated with. Hosting
           | someone's video for free without even interrupting it with
           | ads seems like the opposite of censorship to me. There may be
           | something interesting to say about how the desires of
           | advertisers shapes our discourse, but its not censorship (in
           | this case at least).
        
             | alpaca128 wrote:
             | > Hosting someone's video for free without even
             | interrupting it with ads seems like the opposite of
             | censorship to me.
             | 
             | Doesn't demonetization on YT just mean the ads still run
             | but the money doesn't flow to the creator anymore?
             | Considering YouTube does it that way with copyright claims
             | and also automatically added ads to previously ad-free
             | videos just because they could, it would surprise me if
             | they'd remove video ads by themselves.
        
               | ocdtrekkie wrote:
               | No, because the whole issue is advertisers refuse to have
               | their ads shown with certain types of videos. The ads go
               | away. Johnson and Johnson doesn't want their ads shown
               | next to Nazi propaganda, so demonetization pulls
               | advertising entirely.
        
             | [deleted]
        
             | Aunche wrote:
             | They both censored and demonetized. You're going to have a
             | much more difficult time trying to find Elsagate videos on
             | YouTube anymore.
        
             | heavyset_go wrote:
             | Google doesn't just demonitize videos, they make videos
             | impossible to find by unlisting them from search results[1]
             | and shadowbanning creators:
             | 
             | > _One of the videos that had been restricted was a trailer
             | for one of his short films; another was an It Gets Better
             | video aimed at LGBTQ youth. Sam had been shadow-banned,
             | meaning that users couldn't search for it on YouTube. None
             | of the videos were sexually explicit or profane._
             | 
             | > _... five YouTube channels alleged that the platform had
             | unfairly targeted LGBTQ content creators with practices
             | similar to those described by Bardo: demonetizing videos,
             | placing them in restricted mode without warning, and hiding
             | them from search results._
             | 
             | [1] https://www.rollingstone.com/culture/culture-
             | features/lgbtq-...
        
             | takeda wrote:
             | Doesn't matter, they still used this as censoring (claiming
             | YouTube cut funds to kill them).
             | 
             | I even saw (this mostly was Facebook, but also was done on
             | YouTube) where the channel/fan page purposefully switching
             | videos to private while talking they are being censored.
        
               | nitrogen wrote:
               | _purposefully switching videos to private_
               | 
               | Sometimes channels will do this because they have
               | "strikes" shown on their creator pages, so they hide
               | their videos to avoid having so many strikes they get
               | shut down. Some science and engineering channels I watch
               | have run into this problem.
        
             | neverminder wrote:
             | So now they are demonetizing videos that want to be
             | monetized and vice versa. Time for YouTube's demise is long
             | overdue. I hope Peertube, decentralization and finger to
             | censorship is the future.
        
               | [deleted]
        
           | jayspell wrote:
           | What about telling advertisers that if they want to boycott,
           | go ahead, find another Youtube to advertise on. They make 15
           | billion a year in advertising and 3 billion on subscriptions.
           | I'm willing to bet with that much advertising it would be
           | very unlikely any advertising boycott could make a
           | significant difference.
        
             | nemothekid wrote:
             | > _What about telling advertisers that if they want to
             | boycott, go ahead, find another Youtube to advertise on._
             | 
             | Yeah, it's called Facebook. Regardless these weren't some
             | no names who were boycotting, it was pretty much the whales
             | like P&G and CocaCola who were complaining. (Just those 2
             | spend $8BN/year). At the very least having any of them pull
             | out would cratered at least one exec's bonus.
        
           | listless wrote:
           | In the beginning, but now both sides see them as the enemy of
           | the people. One side thinks they censor too much and the
           | other thinks not enough. So YouTube is now caught in a
           | political game of trying to appease whichever party is in
           | power lest they get regulated. Hence why Trump stayed on
           | Twitter until he was out of office.
        
           | syshum wrote:
           | And why did "advertisers threatened to boycott" due to
           | pressure from "hyperliberal's" that are prputally offended by
           | everything.
           | 
           | They tried to get YT to do it, when YT ignored them they went
           | after the money... It is right from the liberal playbook
        
             | SamBam wrote:
             | Consumers objecting to content is as old as television, and
             | even older, and is certainly not owned by "hyperliberals."
             | 
             | For example, Conservatives demanded radio stations stop
             | playing the Beatles, and, only slightly more recently, the
             | Dixie Chicks. They called up advertisers as well.
             | 
             | You could probably find people complaining to artists'
             | patrons in Medieval texts, if you looked.
        
               | spfzero wrote:
               | If you look at people on an axis other than
               | liberal/conservative, you find that the people that
               | object are the same people regardless of their politics.
               | They're the people that can't stand the idea of other
               | people seeing reading/hearing/seeing things, that they
               | themselves wouldn't want to. It's the people that are
               | hurt and scared when they see behavior that is actually
               | harmless to them, but maybe spotlights a difference they
               | don't want to be aware of.
               | 
               | Saying that liberals or conservatives have this to a
               | greater or worse extent is looking at it through the
               | wrong lens.
        
               | hospadar wrote:
               | Amen! Turns out people are complicated and
               | brains/thoughts/ideas don't exist on a single purple
               | spectrum from red to blue.
        
               | syshum wrote:
               | Nice what-aboutism... Yes Conservatives used to be just
               | as bad, I was out there in the 90's complaining about
               | authoritarian conservatives.
               | 
               | We libertarians did not mind our flank and Authoritarian
               | liberals today are about 10000000x more of an issue than
               | even the most extreme bible thumping conservative from
               | the 90's ever was
        
               | cratermoon wrote:
               | > used to be just as bad
               | 
               | https://truthout.org/articles/right-wingers-are-taking-
               | over-...
        
               | SamBam wrote:
               | I was thinking historical examples would be an
               | interesting context in part because I didn't think anyone
               | needed reminding of all the times in recent days and
               | weeks that conservatives have tried to boycott or cancel
               | things, but others have provided some examples of that if
               | you're interested.
               | 
               | And "what-aboutism" was exactly the point, I was
               | specifically pointing out that boycotting based on morals
               | isn't in any way only the domain of "hyperliberals."
        
               | heavyset_go wrote:
               | > _only slightly more recently, the Dixie Chicks. They
               | called up advertisers as well._
               | 
               | If you want recent examples, look at WAP, its Super Bowl
               | and Grammy's performances, Lil Nas X, or the NFL and
               | Colin Kaepernick. There's also the witch hunt and boycott
               | on teachers, companies and anyone else they believe are
               | part of a nationwide critical race theory conspiracy.
        
             | namlem wrote:
             | The first Adpocalypse preceded that. Rather, it was part of
             | an internal drive to focus on more "family-friendly"
             | content. Iirc, it was actually the presence of Islamic
             | State propaganda on the site that was part of the
             | motivation.
        
             | nemothekid wrote:
             | > _It is right from the liberal playbook_
             | 
             | Yep the liberal playbook that was kicked off by an
             | investigation by the progressive news outlet... The
             | Times[1]... which is owned by Hyperliberal Billionaire...
             | Rupert Murdoch.
             | 
             | Do you even bother to do a small amount of research into
             | your biases? It blows my mind that people think the world
             | is controlled by a couple of megalomaniacs on Liberal
             | Twitter.
             | 
             | [1] https://www.thetimes.co.uk/article/youtube-hate-
             | preachers-sh...
        
             | sureglymop wrote:
             | The advertisers threatened to boycott because otherwise
             | they would have risked being scrutinized and potentially
             | making less profit.
             | 
             | What actually happened isn't that one side of the political
             | spectrum "censored" the other side in some sort of targeted
             | attack.. it's that advertisers and private companies
             | optimized for generating as much profits as possible by
             | (obviously) pondering to the majority of potential
             | customers.
             | 
             | Ironically.. such is the nature of capitalism.
        
             | spoonjim wrote:
             | Hardly. The opposition was from flag-wearing jingoists
             | upset at Islamic terrorist videos on YouTube.
        
         | nradov wrote:
         | Facebook is also censoring as misinformation this article about
         | the effects of face masks on children published by the American
         | Medical Association. Now the findings might be right or they
         | might be wrong; we won't know until the experiment is
         | reproduced. But it's bizarre and inappropriate for Facebook to
         | "fact check" legitimate scientific research when the actual
         | facts aren't even known yet.
         | 
         | Walach H, Weikl R, Prentice J, et al. Experimental Assessment
         | of Carbon Dioxide Content in Inhaled Air With or Without Face
         | Masks in Healthy Children: A Randomized Clinical Trial. JAMA
         | Pediatr. Published online June 30, 2021.
         | 
         | https://jamanetwork.com/journals/jamapediatrics/fullarticle/...
        
         | pbreit wrote:
         | "They caved to censoring things that were reasonable"
         | 
         | I'd argue that much of their censorship was not reasonable at
         | all. None of it was illegal. Mostly just differences of
         | opinion. My "information" is your "misinformation".
        
           | neverminder wrote:
           | They've opened Pandora's box, because now every Joe and Karen
           | realized they can weaponize censorship by being offended by
           | everything.
        
           | partiallypro wrote:
           | I think OP means they were censoring things that weren't
           | objectionable (offensive, etc,) and they were removing
           | "reasonable" things that were opinions, etc. Maybe I'm wrong,
           | but that is where Twitter/Facebook/etc have lost me; by
           | censoring things that aren't harmful they've opened pandora's
           | box.
        
           | ryanSrich wrote:
           | Right. Nothing these platforms censor or began censoring
           | early on was anywhere near reasonable. It was all political
           | grandstanding to show those in power that big tech are the
           | good guys. They'll do the political bidding of the elites and
           | politicians will only threaten to hold companies responsible
           | to gain points with their constituents. All the while the
           | politicians and big tech are in bed with each ensuring the
           | information they don't want shared isn't shared.
           | 
           | People who think any platform has the right to censor
           | information scare the shit out of me. Save for things that
           | are illegal, every platform should be neutral. Moderation
           | should algorithmically be tied to the law.
        
             | namlem wrote:
             | So users who troll and harass other users, spam, post
             | hateful content, etc. should never be banned? That's just
             | leads to a precipitous decline in quality and drives other
             | users away. Why would I want to spend my leisure time on a
             | platform filled with 13 year-old shouting racial slurs?
        
               | ryanSrich wrote:
               | Let the people decide. HN deals with this well enough.
        
               | [deleted]
        
               | namlem wrote:
               | Comments can and do get removed for violating the rules
               | here. As they should.
        
         | didibus wrote:
         | Isn't "political pressure" here really means "user pressure" ?
         | 
         | My understanding is that users of YouTube pressure YouTube to
         | censor some things, YouTube wants to appeal to its user base,
         | because customers are important for profit.
         | 
         | Now Germany says that maybe in their position censoring things
         | for profit is not legal or something like that and fines them.
        
           | anm89 wrote:
           | Valid point. Just pressure in general is probably more
           | accurate. Once you bow to user pressure, you still open
           | yourself up to political pressure. The political pressure
           | probably comes masqueraded as user pressure anyway.
        
       | villgax wrote:
       | Pretty similar to what India govt did with farmer protests by
       | acting as if it didn't happen & anyone contradicting the govt was
       | branded as anti-national for stupid reasons
        
         | pySSK wrote:
         | This is the opposite however, where Germany is standing up for
         | the rights of people opposed to the the government. I can't
         | imagine Modi government doing anything like that.
         | 
         | It would have been similar had India fined YouTube for removing
         | videos of farmer protests.
        
       | holoduke wrote:
       | A good move. Everything so big as YouTube should follow national
       | laws. Otherwise private terms of policies become more part of
       | society than national ones. Then the hundreds of years of
       | fighting becomes nothing and we are back in a modern kingdom
       | based society.
        
       | chomp wrote:
       | What's the law in question? If someone posts something that (in
       | my opinion alone) is ridiculous as a comment on my blog and I
       | remove it, would I have to pay a fine in Germany? Why is it okay
       | for the government to compel speech?
       | 
       | Edit: Looks like it's for not upholding its terms of service.
        
         | dqpb wrote:
         | What would you think about a telecom that prevents you from
         | calling someone because of the things they've been saying over
         | the phone?
        
           | chomp wrote:
           | I'd say I'd find a new telecom. Or I'd start or invest in a
           | competitor. At what size and revenue does one lose the
           | ability to remove speech they don't agree with? If someone
           | posts publicly viewable speech, is it my rite to bear that
           | speech forever?
        
       | Navarr wrote:
       | What's the law they ran afoul of here?
       | 
       | I'm getting the impression from the Google Translate'd version of
       | this[1] article, that they violated a contract with the company?
       | 
       | [1]:
       | https://www.welt.de/politik/deutschland/article232421961/OLG...
        
         | er4hn wrote:
         | It looks like the issue was the amount of time that Google took
         | to comply. Per the article:
         | 
         | > "With the historically high fine, the Higher Regional Court
         | makes it very clear that court decisions must be observed
         | without restriction, regardless of whether YouTube assumes a
         | violation of its guidelines or not,"
        
         | red_trumpet wrote:
         | If I understand correctly, the fine was imposed because Youtube
         | failed to comply with the order of the court to make the video
         | accessible again, which took them several weeks (20. April -
         | 14. May 2020).
         | 
         | What confuses me is that the article states the video was
         | removed in January, which would only make sense if it was
         | January 2021, because January 2020 there were no restrictions
         | in Switzerland. Maybe the above date should be May 2021.
         | 
         | I think the relevant piece from the Welt article is this:
         | 
         | > Es [the court] kam unter anderem zu dem Schluss, die
         | geanderten Richtlinien seien nicht wirksam in den Vertrag mit
         | dem Accountbetreiber einbezogen worden. Hierzu sei ein
         | Anderungsvertrag erforderlich. Der blosse Hinweis, dass es
         | kunftig Anderungen geben konne, genuge nicht.
         | 
         | Roughly translated, the changed ToS of Youtube were not
         | contractually effective, because the user was not asked to
         | accept them. Stating that changes can happen any time is not
         | enough.
        
           | onli wrote:
           | Should be about something else than ToS, the quote is talking
           | about a contract. The news is not sufficient to understand
           | what supposedly happened there. That the Youtuber had a
           | contract with Youtube, is that common? Maybe the court judged
           | the partner program agreements as one?
           | 
           | That "future changes may apply without notice" is invalid in
           | Germany, that's evident. Companies writing bullshit like that
           | in AGBs (ToS) or contracts don't realize Germany is not the
           | US, they need a new legal team.
           | 
           | If the news is correct you are right about the fine being
           | about ignoring the court, not about removing the video in the
           | first place. With a fine that high it has to be about that,
           | there is no way removing a regular video could cause this.
           | Basically the court saw youtube in contempt of the court,
           | kinda.
           | 
           | Might also be politically charged though, East Germany is
           | highly penetrated by Nazis and with a high percentage of
           | corona deniers. Depends on the judge of course whether that
           | was a factor here.
        
             | Navarr wrote:
             | Yeah, it's pretty clear the fine is about not obeying the
             | court.
             | 
             | But I was asking why the court was forcing them to re-
             | instate a video in the first place.
        
               | onli wrote:
               | Right, that part makes no sense at all to me. Even if the
               | ToS did not include a fitting clause for the
               | misinformation removal I see no binding right for the
               | user to have his video hosted. That's why I added the
               | tangent about the political environment in Dresden.
        
               | yorwba wrote:
               | The ToS provide the binding right for the user to have
               | the video hosted. It's in the name "terms of service":
               | you follow the terms and in return you're provided with a
               | service. In this case, the plaintiff complied with the
               | terms but was denied service. The court didn't approve of
               | that. I doubt it has anything to do with their political
               | alignment.
        
               | onli wrote:
               | You're probably right. I assumed that there is a clause
               | in the AGB permitting Youtube to in general not host a
               | video if they don't want to. Or that there is something
               | creating a Hausrecht in there, given them the right to
               | chose a customer. Doesn't seem to be the case.
        
         | eqvinox wrote:
         | > What's the law they ran afoul of here?
         | 
         | None. They violated their civil contract with the user AND
         | failed to fix it within 3 months. cf. toplevel post:
         | https://news.ycombinator.com/item?id=27838603
        
       | partiallypro wrote:
       | Merkel has stated that she didn't believe it was good that
       | Facebook/Twitter banned Trump from their platforms fwiw.
        
         | Dma54rhs wrote:
         | It's a common idea in Europe, many dissidents like Navalny were
         | disappointed. American left lives in their own bubble and
         | cherry picks things from Europe they like and ignore the rest.
        
         | jacob2484 wrote:
         | She also very strongly condemned what happened on Jan 6 and
         | blamed Trump for it. She's right on both fronts.
        
         | nnamtr wrote:
         | Merkel grew up in a country where you could be "banned" for
         | anything. I'm not surprised that she doesn't like the idea of
         | private companies deciding according to their own (not
         | democraticly chosen) rules who should speak and who shouldn't.
        
         | namlem wrote:
         | I don't see why Trump should be above the terms of service that
         | all other users have to abide by.
        
           | supergirl wrote:
           | it's not really about TOS though. it's about Twitter being
           | legally allowed to remove any content from their website for
           | whatever reason. the question is should they be allowed to do
           | this given the monopoly they have.
           | 
           | But I find it hilarious that Twitter/Google/etc. champion
           | "free speech" in Russia, China, etc. yet in US they literally
           | censored the sitting president and many people are OK with
           | this.
        
             | namlem wrote:
             | There is certainly an argument to be made against arbitrary
             | removals of content. I agree that perhaps there should be
             | limits on networks above a certain size. However, Twitter
             | banning Trump was anything but arbitrary. The fact that
             | they didn't ban him sooner despite his frequent violations
             | of their TOS is evidence that they were biased in his
             | favor, if anything.
        
             | bellyfullofbac wrote:
             | Sure he was "sitting president" but he was actually stoking
             | flames of violence the day he got banned.
             | 
             | In general Twitter was a terrible enabler for Trump, he's
             | such a coward that he didn't dare firing people face to
             | face, he fired people with tweets. And it made him a
             | keyboard hero conveniently attacking people using it, if he
             | had to go in front of the press to spout his bullshit he
             | surely would've been more reserved, because there'd be
             | direct pushback for everything he said.
        
           | CountDrewku wrote:
           | You're right the tos should be equally applied across the
           | board. However, they're not. Twitter and other social media
           | sites do not apply tos fairly.
        
       | elevenoh wrote:
       | Is youtube really that willing to kill their reputation in the
       | eyes of all truth seekers?
        
       | yreg wrote:
       | Maybe an unpopular opinion, but I believe a website should be
       | able to choose what videos it hosts.
       | 
       | If it wants to host anything legal, liveleak-style - then that's
       | fine.
       | 
       | But if it decides to remove whatever video it wants then that
       | also should be fine.
        
         | gentleman11 wrote:
         | It's not a website, it's almost every video on the internet and
         | competitors can't exist because of network effects
        
           | eli wrote:
           | Sounds like an antitrust problem not a content policy problem
        
             | AdrianB1 wrote:
             | Yes, you are right, but until the antitrust problem is
             | solved, it is a content policy problem.
        
         | FabHK wrote:
         | It should still stick to the contract it has made with its
         | users (ToS). So just say that you reserve that right upfront.
        
         | CountDrewku wrote:
         | That's fine until a business monopolizes the entire industry
         | and starts working in collusion with other tech companies to
         | remove content they deem inappropriate.
        
         | rocqua wrote:
         | This would work so much better in a federated model.
         | 
         | One where there are multiple mutually compatible YouTube
         | providers. If your current provider has a weird content policy,
         | then you move. If all providers have a policy you don't like,
         | then either you start your own, or you happen to be at the
         | fringe of society.
         | 
         | People so far at the fringe that they cannot gather momentum
         | (especially on the internet) are either clearly wrong, or
         | illegal. The second option still gives avenues for censorship.
         | But hopefully democratic principles keep that under control.
        
       | [deleted]
        
       | supergirl wrote:
       | the fine is for not obeying the court order to put back the
       | video:
       | 
       | > "With the historically high fine, the Higher Regional Court
       | makes it very clear that court decisions must be observed without
       | restriction, regardless of whether YouTube assumes a violation of
       | its guidelines or not," an attorney for the plaintiff, Joachin
       | Steinhoefel, said in a statement on Twitter.
        
       | johnnyApplePRNG wrote:
       | Anyone have a link to the actual video in question?
        
       | eqvinox wrote:
       | I've tried to find the actual court decision, best match seems to
       | be 4 W 118/21 (enter on
       | https://www.justiz.sachsen.de/esamosplus/pages/index.aspx under
       | "Aktenzeichen" & click "suchen", can't see any obvious way to
       | link the PDF...)
       | 
       | However, that document does not actually order a fine. It warns
       | about imposing one ("up to 250'000EUR") if Youtube doesn't remedy
       | the problem. Considering it's now exactly 3 months later
       | (decision dates April 13th), that lines up.
       | 
       | From what I understand (not a lawyer, yadda yadda) this is a
       | purely civil matter and doesn't really go as far as some
       | statement on free speech. The issue discussed mostly seems to
       | revolve around which terms of service are valid and how they can
       | be changed.
        
       | FabHK wrote:
       | IANAL. But reading the "Urteil", it seems that it is rather
       | technical in nature. In particular, someone uploaded a video. YT
       | said that it violated its COVID-19 guidelines and removed it.
       | Plaintiff said, listen, we had a contract, you can't just delete
       | my stuff. YT said, well, the movie contravenes the current
       | COVID-19 guidelines. Plaintiff said, well, but it doesn't
       | contravene the guidelines you had at the time we made the
       | contract. YT says, fair enough, but we changed the guidelines.
       | Court says, you can't just unilaterally change the ToS unless you
       | make a new contract. YT said, well, we said we could change the
       | guidelines. Court says, yeah, but just saying that the guidelines
       | might change does not give you the right to change the guidelines
       | unilaterally unless you say in the ToS not only that you might
       | change the ToS but that you reserve the right to unilaterally
       | change the ToS and then notify the user of the changed ToS and
       | then have the user agree to the new ToS (either explicitly or
       | implicitly by continuing to use the service). Thus, old ToS
       | apply. So, don't remove the video that was in line with old
       | guidelines.
       | 
       | TLDR:
       | 
       | - YT has to pay a fine because the court says, look, there was a
       | contract, stick to it, and they didn't stick to it.
       | 
       | - This has nothing to do with COVID-19, or free speech. It's
       | purely contract law.
       | 
       | - My prediction: YT will change its ToS and include the pertinent
       | clauses, we'll all agree to the new ones, and then they'll be
       | able to delete anything they want anytime they want (in
       | accordance with their new ToS).
        
       | theandrewbailey wrote:
       | > "We have a responsibility to connect our users with trustworthy
       | information and to combat misinformation during Covid-19."
       | 
       | Who gave them that responsibility? I didn't. If no one did, why
       | do they think they have that responsibility? Do they feel that
       | they are the final authority on all matters that they forget that
       | their users are humans capable of coming to their own
       | conclusions?
        
         | bjoli wrote:
         | Do you believe that a central part in how many people interact
         | with the internet doesnt have any moral responsibilities?
        
       | [deleted]
        
       | howmayiannoyyou wrote:
       | We blame Youtube/Google management, but in reality it's as much a
       | tyranny of the company's employees and their political leanings.
       | 
       | We've done a terrible job the last 30 years promoting national
       | security literacy and constitutional integrity preservation to
       | our youth.
       | 
       | It may well be this country's undoing. No exaggeration.
        
         | jacob2484 wrote:
         | Couldn't agree more
        
         | [deleted]
        
       | throwawayswede wrote:
       | Good. I'd rather live in chaos than a world controlled by these
       | technocrats.
       | 
       | Let's do Twitter while we're at it.
        
         | strogonoff wrote:
         | Losing control is what big social wants. The more they are
         | regulated, the more intimate they are with the government, the
         | safer and more entrenched their status. They already enjoy
         | network effects and lock-in of their users; more rules widen
         | the moat around the established players who got huge in the
         | early unregulated days.
        
           | AnimalMuppet wrote:
           | Saying things like "big social" does not make your argument
           | more persuasive. It just makes you sound like part of the
           | lunatic fringe. It also leaves people like me rather confused
           | about what your point was in the first sentence.
        
             | imwillofficial wrote:
             | So it's proper behavior for you to go around calling names
             | because you're confused? Get a grip.
        
             | jokethrowaway wrote:
             | I don't think "big social" is a term used by any group of
             | people, including people you disagree with. I think it's a
             | neologism and it's a comprehensible one. I interpret it as
             | a big business doing social media.
        
           | the_optimist wrote:
           | Certainly not all forms of regulation result in regulatory
           | capture. Simply following this German model where
           | Google/Youtube isn't allowed to censor certain ideas doesn't
           | lend itself to regulatory capture.
        
             | rocqua wrote:
             | The advantage is not just 'regulatory capture'. There is
             | also an inherent moat in being a regulated industry.
             | 
             | Any new players will need to figure out the regulations,
             | compliance, licenses and pitfalls before they can start to
             | challenge you. That is a lot of upfront costs that will
             | take a long time to recoup. Hence helping the old players
             | remain entrenched.
        
           | devoutsalsa wrote:
           | And the more compliance becomes a cost, the harder it is for
           | underfunded upstarts to sneak in & grab marketshare.
        
         | chapium wrote:
         | I don't understand this, is controlling youtube's database that
         | google hosts equivalent to controlling the "world"?
        
           | rolobio wrote:
           | Not yet, but its close. How many people know how to search
           | the internet without Google? Google has become so ubiquitous
           | that people are totally reliant on them. Look at Tulsi
           | Gabbard, her advertising account was "accidentally" taken
           | down after a successful presidential debate, making it so
           | people couldn't find her.
           | 
           | Sure they're a private company, and they made a mistake. But
           | the direction of the mistakes are always in the direction the
           | people running the company lean politically.
           | 
           | https://web.archive.org/web/20210322220851/https://www.nytim.
           | ..
        
         | xxpor wrote:
         | State violence is being used to force a private company to host
         | content it finds objectionable. Who's the technocrat here?
        
           | nextlevelwizard wrote:
           | You can't have your cake and eat it too. Either Youtube needs
           | to stop censoring videos or it needs to go through every
           | single video it has and that gets uploaded
        
           | scotty79 wrote:
           | Platform shouldn't have the right to an opinion on content.
           | 
           | Same way that when you open a store you can't pick and choose
           | your customers.
           | 
           | Platforms should just obey law and at most create a process
           | where users and lawmakers can express and enforce their
           | opinion on content.
        
             | root_axis wrote:
             | > _Platform shouldn 't have the right to an opinion on
             | content._
             | 
             | Why?
             | 
             | > _Same way that when you open a store you can 't pick and
             | choose your customers._
             | 
             | Of course you can, you just can't refuse service based on
             | legally protected classes, that's the exception not the
             | rule.
             | 
             | > _Platforms should just obey law and at most create a
             | process where users and lawmakers can express and enforce
             | their opinion on content._
             | 
             | Platforms should operate their sites however they like
             | within the confines of the law and individual users can
             | decide which sites they prefer to use based on how those
             | sites operate.
        
               | scotty79 wrote:
               | >> Platform shouldn't have the right to an opinion on
               | content.
               | 
               | > Why?
               | 
               | Because if it has that right it should have the full
               | responsibility for everything it publishes. With no
               | leeway.
               | 
               | >> Same way that when you open a store you can't pick and
               | choose your customers.
               | 
               | > Of course you can, you just can't refuse service based
               | on legally protected classes, that's the exception not
               | the rule.
               | 
               | Depends on the local law. For example in Poland if you
               | have a store and you put up some good for sale and mark
               | it with a price, you can't refuse it to sell it to anyone
               | that is willing to pay that price. No special classes,
               | just a simple rule. If you are selling, you are selling.
               | 
               | > Platforms should operate their sites however they like
               | within the confines of the law and individual users can
               | decide which sites they prefer to use based on how those
               | sites operate.
               | 
               | Right, and the law should say that they can't have an
               | opinion about the content they publish, and they can't
               | take down or promote stuff based on that opinion.
        
             | tedunangst wrote:
             | Should movie theaters be allowed to select which movies
             | they show?
        
               | bobthechef wrote:
               | Not absolutely. They shouldn't be able to show porn, for
               | example, or some other destructive content. (And no, it's
               | not a question of taste or opinion. That relativist claim
               | is worthless and tired. We're not talking about vanilla
               | or chocolate ice cream here.) I suppose in this
               | particular case (and that matters: things like this can
               | be particular) you would just criminalize those sorts of
               | movies.
               | 
               | The idea that we shouldn't do such things because
               | government could be used to impose horrible things is a
               | bad one. Driving a car could kill you, but you wouldn't
               | ban cars for that reason because cars are not bad in
               | principle nor are they so dangerous that they should be
               | banned. They are regulated, however, and this is good.
        
               | Const-me wrote:
               | There're many movie theaters, but only one youtube in the
               | whole world.
               | 
               | Youtube and facebook are natural monopolies due to their
               | network effect.
               | 
               | All the older natural monopolies, water networks,
               | electricity networks, landline phone networks, railroad
               | networks, and the rest of them are either nationalized,
               | or regulated heavily.
               | 
               | It's long overdue to add social networks to the list.
        
               | anigbrowl wrote:
               | There's only one YouTube, but lots of video sharing
               | sites. You can put your material on Bitchute, Vimeo, ....
        
               | Const-me wrote:
               | Youtube's monopoly is not video hosting, there're many
               | ways to do that.
               | 
               | Their monopoly is their social network. People want to
               | publish video where the audience is, the global audience
               | happen to be on youtube, and going to stay there because
               | that's where most videos are.
        
             | rhcom2 wrote:
             | > Same way that when you open a store you can't pick and
             | choose your customers.
             | 
             | But you can mostly pick and choose your customers outside
             | of discriminating against a protect class (in the US). If
             | you don't want to do business with people with brown hair,
             | no one is stopping you.
        
               | dec0dedab0de wrote:
               | _> Same way that when you open a store you can 't pick
               | and choose your customers. But you can mostly pick and
               | choose your customers outside of discriminating against a
               | protect class (in the US). If you don't want to do
               | business with people with brown hair, no one is stopping
               | you._
               | 
               | "genetic information" is a protected class, so you could
               | not discriminate against anyone based on their natural
               | hair color. You could however ban people with blue hair.
               | 
               | edit: Even if genetic information doesn't work for hair
               | color. "Color" is already a protected class, so it's a
               | moot point.
        
               | anigbrowl wrote:
               | Are you sure about that? Suppose I have a store and wish
               | to ban redheads.
        
               | gowld wrote:
               | Has that been tested in court?
        
             | tynpeddler wrote:
             | > Same way that when you open a store you can't pick and
             | choose your customers.
             | 
             | The same way a store can't kick someone out who's running
             | around saying racial slurs to everyone?
             | 
             | The same way the New York Times is required to print every
             | letter to the editor that is sent to them?
             | 
             | The store example doesn't hold up at all for a number of
             | reasons and online communities have had extra legal
             | standards since the beginning of the internet.
        
               | scotty79 wrote:
               | > The same way a store can't kick someone out who's
               | running around saying racial slurs to everyone?
               | 
               | They can but not because the store has negative opinion
               | about this behavior but because that behaving disorderly
               | in public place is against the law. Actually they should
               | just call the cops.
        
               | jacob2484 wrote:
               | NY Times is not a platform
        
               | throwawayswede wrote:
               | NYT Opinion page (essence bullshit basically) is.
        
               | anigbrowl wrote:
               | Are you arguing (consistent with your comment above) that
               | NYT-O must publish all submissions?
        
               | scotty79 wrote:
               | If NYT does the selection and curation then it's not.
               | Same way opinion piece inspired by what author heard from
               | other people is not a platform for those people.
        
               | imwillofficial wrote:
               | NYT Opinion page is not a "public square"
               | 
               | In America at least, there are different sets of rules
               | for different types of business.
               | 
               | A curated opinion piece, carefully chosen by experienced
               | editors, is vastly different from a public swimming pool.
               | For the first, that filter, that exclusivity, that
               | editorializing is part of the draw. It's good because
               | it's a filter, not a platform. The public pool should not
               | be a filter, and yes, sometimes there are weird things
               | that float in there, and it takes effort to clean up, but
               | that's the cost of being open to the public.
        
               | username90 wrote:
               | > The same way a store can't kick someone out who's
               | running around saying racial slurs to everyone?
               | 
               | They can't kick out whoever they want, governments
               | regulate that. And here Germany decided that Youtube
               | can't kick out people for a particular reason. It is the
               | same concept.
        
               | [deleted]
        
             | lovich wrote:
             | You can pick and choose your customers in the US at least?
             | 
             | There's a carve out of protections against discriminating
             | based on membership in a protected class, but you can
             | totally decide to get up one day and not provide service to
             | anyone whose ever worn a hat for instance
        
             | charonn0 wrote:
             | Stores can pick and choose their customers. It all depends
             | on the basis for the decision.
        
             | ihumanable wrote:
             | If YouTube is a store, them taking down a video isn't them
             | picking and choosing their customers it's them picking and
             | choosing the product they put on their shelf.
             | 
             | Which is generally a thing left up to the store owner and
             | not the government.
        
               | username90 wrote:
               | No, whitelists vs blacklists. A store blacklists some
               | customers from entering, but in general most can enter. A
               | store doesn't let most people put wares on its shelves,
               | that is a whitelist. Youtube blacklists video uploads and
               | otherwise allows everything, so it follows the same logic
               | as customers entering a store.
        
             | verall wrote:
             | > Same way that when you open a store you can't pick and
             | choose your customers.
             | 
             | In America, you can, as long as it is not based on a
             | protected class. The "burden of proof" (either "beyond a
             | reasonable double" for criminal or "a preponderance of
             | evidence" in civil) is not on the business, but on the
             | rejected customer.
             | 
             | Further, as this is talking about content that they are
             | required to host, rather than restricting who is viewing a
             | video, a more accurate analogy is a store picking their
             | distributors. Which they obviously do.
        
           | throwawayswede wrote:
           | The company doesn't find anything objectionable. It's the Who
           | (a political org that has nothing to do with science) that is
           | dictating what YouTube should do. YouTube and other
           | technocrats believe that can tell people how and what they
           | should think. With that being said, forcing a private company
           | with state violence is not good either, unfortunately there's
           | no magic wand to wave and reset everything. We shouldn't be
           | pragmatic, but we have to be practical.
        
             | jokethrowaway wrote:
             | I see where you're coming from but I disagree that the WHO
             | is the source or the holder of power. They don't have
             | enough money for that.
             | 
             | The WHO is probably just another puppet in the hands of
             | richer state actors, as the infamous Taiwan Skype Interview
             | show us: https://www.youtube.com/watch?v=fASh2_RzMuE
             | 
             | Besides, I don't even think the people involved in YouTube
             | and on a similar level are directly influenced by anyone.
             | They're just a liberal company parroting their party's
             | political line and not noticing how totalitarian these
             | measures are.
             | 
             | It's people higher up setting the party line that are
             | probably on the payroll of richer state actors. Most likely
             | they also own the opposition to make sure nothing happens
             | whoever is elected.
        
             | mousepilot wrote:
             | >YouTube and other technocrats believe that can tell people
             | how and what they should think.
             | 
             | If you go to youtube to be told what to think then you're
             | probably using the internet for things it wasn't designed
             | for lol
        
             | ModernMech wrote:
             | > It's the Who (a political org that has nothing to do with
             | science) that is dictating what YouTube should do.
             | 
             | How are they dictating this? What power does the WHO have
             | over YouTube to force them to make this decision?
        
           | xdennis wrote:
           | Google hosts billions of hours of video. It doesn't mind a
           | few videos. They never argued that the costs are an issue.
        
           | CountDrewku wrote:
           | What are your thoughts on net neutrality?
        
           | bobthechef wrote:
           | What about private industry violence? Don't make Google out
           | to be some victim. Private industry is pushing social changes
           | that the US government could never dream of doing, not at
           | this scale. Fear of government overreach needs to be balanced
           | with fear of oligarchic overreach and corporate power.
        
           | silicon2401 wrote:
           | I wonder if you would agree to the following equivalent:
           | 
           | > State violence is being used to force a christian bakery to
           | bake (gay/muslim/etc) cakes it finds objectionable. Who's the
           | villain here?
           | 
           | The more you open service to the public, the more control
           | over your output you lose because then it becomes a matter of
           | discrimination.
        
             | happytoexplain wrote:
             | Why are they equivalent?
        
               | vageli wrote:
               | Both are instances of the state compelling a private
               | enterprise to act in a way that is against the
               | enterprise's interests.
        
             | bobthechef wrote:
             | But isn't it coercive to force the baker to make something
             | against his ethical and religious beliefs?
             | 
             | Relativism doesn't really work, does it. There must be
             | objective standards. Otherwise, power is all that matters.
        
             | hvac wrote:
             | Having a certain political opinion is not a protected class
             | in the US
        
               | throwawayswede wrote:
               | That's not what this is about. In both cases, the state
               | is forcing an company to do something they don't want.
               | The only difference is that you agree with the one but
               | not the other.
        
               | hvac wrote:
               | Yes, because the difference is that they are essentially
               | immutable personal traits. The parent was presenting this
               | scenario as an equivalent one and I don't think they are.
        
               | throwawayswede wrote:
               | Personal traits are always mutable. What seems (and may
               | be) immutable to you could be mutable to others.
        
               | hvac wrote:
               | It's technically true that you could find some way to dye
               | your skin a different colour, but I don't think most
               | people would find that to be a realistic solution to
               | anything.
        
               | silicon2401 wrote:
               | How is religion any more or less immutable from political
               | beliefs? In my view both are fully equivalent.
        
               | hvac wrote:
               | In some cases (e.g. Jews, Amish) the lines between
               | race/religion/national origin become pretty blurry. I
               | agree that it's the most ambiguous of the classes,
               | though.
        
               | username90 wrote:
               | Religion is a protected class to stop zealots from waging
               | wars on each other, got to nip it in the bud before
               | tension builds up. It is a very rational reason even if
               | the protection shouldn't be needed in theory.
        
               | xdennis wrote:
               | It is in some cases (such as employment) in certain
               | states. Ironically they were often enacted by left wing
               | legislators, but are now being used to defend right
               | wingers.
        
             | charonn0 wrote:
             | Youtube isn't making the videos, though.
        
           | contravariant wrote:
           | Perhaps more importantly, _what_ is  'technocrat' here?
           | 
           | Because I'm fairly sure none of the accepted meanings make
           | any sense.
        
         | LatteLazy wrote:
         | Really? You'd rather your children died of a preventable
         | disease than YT ban antivax lies? Really?
        
           | byset wrote:
           | Can't one frame either side of any controversy using these
           | sorts of histrionics? This makes us all stupider.
        
             | LatteLazy wrote:
             | That's sort of my point: people make histrionic statements
             | about freedom and chaos. Then you point out what those
             | actually mean...
        
               | philovivero wrote:
               | Just stop. Repeat after me: "My apologies. I got a bit
               | angry and said some things I didn't mean."
        
         | bobthechef wrote:
         | That's a false dichotomy. No society has ever been on any
         | extreme, certainly not a livable one.
         | 
         | While there are inviolable limits to what is morally
         | acceptable, and things you should never do, you cannot decide
         | everything beforehand because some things are highly contingent
         | on circumstances. So this is a never-ending process of
         | determining those things. It's called prudence.
        
       | cauliflower2718 wrote:
       | The article calls this a "historically high fine". It's also
       | _really_ small compared to the scale of YouTube dollars, i.e. for
       | YouTube to care (about this fine in isolation).
        
         | throwawayswede wrote:
         | True. It's definitely not enough to send people off their
         | loops. But hopefully it's a step in the right direction. My
         | prediction is that in the next 2 to 3 years more detail will
         | emerge on the massive scam that is lockdowns. I don't expect
         | people to go back and evaluate their behavior towards others
         | who did not believe the media scam (from people being
         | aggressive towards people deciding not to wear mask for
         | example), but I hope that it'll be a step in the reversion of
         | group-think.
         | 
         | Edit: People continuously downvote my negative comments about
         | lockdowns. I leave you with this before you downvote:
         | 
         | https://twitter.com/janesays22/status/1415354369126457346
         | 
         | > I turned 18 in Feb 2020. I lost my friends, my education, the
         | first year of my adult life, my mental health, and 20lbs.
         | 
         | > I didn't make sacrifices.
         | 
         | > I was sacrificed.
         | 
         | Look up: https://gbdeclaration.org/ - http://pandata.org/
        
           | ipaddr wrote:
           | Youtube classified this as "misinformation". They have the
           | power to crush any voice and they are.
           | 
           | I hope a crisis takes some power away from them.
        
             | throwawayswede wrote:
             | In a sense, if people don't stop bullshit, no one will stop
             | it for them. The state can't and shouldn't (ideally) stop
             | YouTube from removing what they don't want to host, but
             | people should hold YouTube accountable. If people don't
             | stop using YouTube to make a point to them that their
             | arbitrary decisions are not ok with them, nothing will
             | really stop them. With that being said, I'm always hopeful
             | that people will eventually see that forcefully removing
             | something from the conversation (aka banning it, like
             | banning doctors talking their successful experiences with
             | hydroxychloroquine very early because some kids at youtube
             | believe that a political org like WHO is more credible than
             | actual experienced doctors) won't eliminate it, it'll just
             | make it grow in the shadows, allowing other scammers to
             | make use of the situation. And the cycle continues.
        
             | kristofferR wrote:
             | Misinformation is a really dangerous concept. Sure, bad
             | information certainly exists, but a lot of things
             | throughout history have been labeled "misinformation"
             | before it became confirmed information.
        
               | djrogers wrote:
               | > a lot of things throughout history have been labeled
               | "misinformation" before it became confirmed information.
               | 
               | Heck, we don't even need to go back too far in history -
               | a lot of COVID-19 information was labeled
               | "misinformation" before being proven correct/possibly
               | true.
        
               | throwawayswede wrote:
               | Lab theory people were called conspiracy theorists this
               | exact same time last year. Now they're on mainstream
               | fucking tv. And don't you dare mention china or you'd be
               | labelled a trump fan. Now that's cool cuz uncle joe
               | okayed it.
               | 
               | If anything, this shows the zombies that the people are.
               | Anything TV says is truth. A stupid short report from an
               | online magazine made some late show host make a short
               | skit about it and boom, like wild fire. I call total bs
               | on that whole thing. This entire COVID response has been
               | political from DAY 1. Western countries response has not
               | only been shameful, but absolutely reprehensibly.
        
         | ArnoVW wrote:
         | Totally different case, totally different country, but FYI :
         | France this week condemned Google for not reaching an agreement
         | with newspapers. 500MEUR. They have 2 months to negotiate more
         | earnestly, failing that they will get a further fine of 900kEUR
         | / day. Until they reach an agreement.
        
         | ocdtrekkie wrote:
         | So generally what has been happening is there's a fine that's
         | meager by Google's standards, but also a demand for a change in
         | behavior. If compliance isn't met, the government will start
         | fining them _daily_. I believe the announcement France made
         | yesterday came with a large single fine, a window for
         | compliance, and then a daily fine of nearly a million Euros
         | _per day_ if they don 't comply in time.
         | 
         | The goal is to incentivize change, not extract financial
         | benefit for the country. So your first penalty isn't huge in
         | itself, but it's designed to make it clear that noncompliance
         | in the long run will be less profitable.
        
       | dkdk8283 wrote:
       | Great! Time to bring this ideological principles to the US.
        
       | the_optimist wrote:
       | Does anyone have a link to the argument from Youtube/Google on
       | why they chose to remove videos of this documentary information?
       | 
       | Was there some philosophy that they claimed to be representing?
       | What was the basis?
       | 
       | Can this be interpreted in any way other than a vulgar attempt to
       | misrepresent historic reality?
        
         | spfzero wrote:
         | I believe they'd say it fell under their "covid misinformation"
         | ban. I don't know how they can say that some video of a thing
         | that actually happened, as it was happening, could be
         | "misinformation", but that term gets to be interpreted however
         | anyone wants these days.
        
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