This post is directed to Anildash since we can assume that he does read this community, but I am making it a general post due to its tl;dr nature, and the fact that I stopped being emotional and think I came upon some relevant things to ask of the VP of 6A:
Dear Sir,
I would first like to say that I am an idiot for letting my emotions get to me on this matter a little since I let my emotions get the better of me without thinking logically on it. I’m sorry if I came off a bit . . . overly passionate, but this is a topic that hits home with me as a creative writer, a fan, a woman, and a person. It got me thinking though about 6A as a business.
Now that I am thinking, I have a few questions about the business of LJ/6A. The answers to this first question may provide a lot of understanding 6A's actions if I am correct in a far simpler theory I am formulating.
First, who controls the servers for LJ, 6A or an ISP? From looking around Slashdot about the blackout in July, it seems to be
the Internap Network Services Center in San Francisco, CA while 6A’s main offices are at 548 4th st. Internap only has their data center and sales office at 365 Main. Their headquarters are in Seattle. WA. If my assumption is right, then Internap physically holds LJ’s servers, correct? Are the servers 'owned' by 6A or by Internap?
That is the one I would really like answered if it's true.
Second, does 6A have a business plan? I don’t know about internet business or big business much, but I do know that small businesses need it to get loans from banks. If 6A does have one, can we the users see it? If not, why not?
Third, your statement of having statistical information intrigues me. I would like to think that this information is a marketing report on LJ’s active users. If it is, I would like to see it publicly or at least see the statistics, how they obtained them, and the conclusions drawn from the data, please?
Finally, I am giving you a peace offering in the form of things to consider.
I compiled a list of just general questions on the new policy itself and the issues at hand in understanding it 6A's stance better based on observation of the lj_biz complaints and my own questions. You don’t have to answer them now or at all, but it would go a long way towards an understanding of the company’s stance, if not additionally taken into account in the new policy document and a general explanation of what happened. If my new theory is right, then these are irrelevant to the discussion entirely for the most part. So, for your consideration - things we think we know and we want to know:
What We Think We Know -
- There is a two strike warning system for any images of fictional character under 18 engaged in graphic sexual conduct. Real child porn is instantly canned and report to the NCFMEC, like the real law states, but fans violating the policy won't be reported.
- No linking to policy-violating content
- Locking content will be considered if someone on the violator’s list or in their comm turns them in.
- Age statements mean nothing if the Abuse Team think you're lying (questionable on outcome of
vikingcarrot’s case)
- If the content is still on LJ server cache and found, it’s still a policy violation (questionable on outcome of
cluegirl’s case)
And now the fun part, What We Don’t Know -
- What if the subject is actually older but looks young?
- What if the subject is young but looks older?
- What if the art style makes someone look younger?
- Does the age of the subject in context matter, or just the assumed age of the subject (as decided by the Abuse Team)?
- Will these same rules apply to images of real people or just fictional subjects?
- What if the image has already published or displayed somewhere else with documentation, such as graphic novels/comics, regular novels, screen captures from TV or movies, self-published works, art books, museum artwork, antiquities, medical text books, or other online public services such as news or academic research? If so, what about works not residing or available somewhere other than the US?
- What if the image is available somewhere else on the internet and can be documented since linking is unavailable?
- Is this policy just for male/male content (given that's all that's been reported on) or for female/female and hetero coupling too?
- Is images of any sexual content involving subjects over the age of 18 still protected, fictional or real?
- What about text in general? Is it still under the same rules?
- How will ages be judges if the artist’s statements aren’t considered the final word?
- Was all that artistic merit business done away with? If so, why was it considered policy in the first place?
- Why won't the company consider changing your TOS or at least notifying all users?
- Why has this particular policy been changing in the first place?
- Why were reassurances made during the account sale that fictional characters wouldn't be targeted unless it was extreme (prepubescent), and now another policy change afterwards where people get upset again?
- Why is this change just about the supposed child porn and nothing else more harming that is a real danger?
- Who is legally responsibly for the content on LJ? Individual users, 6A, or the ISP, if applicable?
- What if the abuse reports are being made by someone reported before for harassing users (trolling)?
- What if the abuse reports are being made by someone with obvious ties to relevant hate groups?
If you take the time to read this, thank you. I hope that it’ll be useful somewhere in bringing more understanding. I, for one, and tired of this fight, but if these issues and questions are answered, then at least I and my friends will have some peace of mind in knowing.
Sincerely,
serenanna Meanwhile, I am interested if anyone else reading this is good at math and can analyze
the data in LJ’s most popular interests about how many people would affected by this change roughly? An estimate of fans in general if not fandom since fandom is more than just the artists or writers, but also the lurkers watching. If I believe these numbers to be right, then there are a lot more people involved in this issue that aren’t saying anything, but are watching to see which way the dice tumble.
Also, anyone know what Anildash's e-mail is so I can send this letter to him personally?
Well, that’s all I have, if anyone has anything else to add or I forgot an issue, feel free to add it in comment and I will edit it in. Please don't try answering the questions listed since I'm hoping for an official/un-official-but-from-6A reply. If you got documentation from abuse reports and official comments made by employee's, please add them.
ETA: Letter re-edited for better grammar and to be more clear of what I really want to know, and what's in the letter I'm sending. The interest statistics is just an idea, perhaps to be compared to LJ's general stats. I'm not a data analyst. I am not good at advanced math, but it seemed like a good idea to me . . . ::shrugs:: Anything else anyone wants to know before I send it, or sees something wrong?
ETA2: Changed my key question to be more specific in regards to the relationship between Internap and 6A to the following when posing a question to fandom_lawyers.
If my assumption is right, then Internap physically holds LJ’s servers, correct? Are the servers 'owned' by 6A or by Internap?
This email is going out a about 6:00 PM EST if you all think changes need to made.
ETA3 @ 6:15 PM EST: E-mail sent. I'm hoping he reads it, but again, doubting he will respond if he does. I'm gonna go take some Advil, an antacid, and spend some quality time with my pet rabbit. I'll let you all know if I hear anything.
ETA @ 8:25 PM EST:
Hi (real name),
Thanks for taking the time to write up such a well-considered set of questions. It's gonna take me some time to try and get all these answers! I definitely appreciate that you're so passionate about LJ, and that you want us to get this right.
Is it okay if I take a few days to make sure I know the right answers to as many of your questions as possible? That way I won't be guessing or giving you any incorrect info.
Anil
I haven't replied to him yet and haven't even had time to think about this response yet since I'm about to run off to an RPG meeting, but I'm trying to keep level-headed about this.