MySpace Account Sales Banned?

[foundrstack]

I haven't formed an opinion on this yet. But please see this thread:

http://collect.myspace.com/misc/terms.html?z=1
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. MySpace.com reserves the right to investigate and take appropriate legal action against anyone who, in MySpace.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

...

9. selling or otherwise transferring your profile;

The sale of MySpace accounts is illegal. The number of threads selling or wanting to buy these are increasing very rapidly. There are also discussions popping up about how to best advertise through spamming MySpace accounts.

I don't think these threads should be allowed in SitePoint's marketplace or anywhere else. It's only spreading the idea that this is acceptable and not SPAM when that's really what it is. MySpace is a community site, and if people want to use it solely for advertising, they should buy ad space from Fox.

The poster has a point....

 

[jdk]

Yes, personally I think DNF should ban the sale of them. Anyone can sign up an account and use a script to add loads of friends and sell the account. DNF should condone such illegal activity on the forums.

 

[Duckinla]

I think the internet is the Wild West of our time and DNF should do nothing to stop it from being so. This is a discussion forum, it's not about morality. Leave the policing to someone else.

 

[jdk]

So if someone wanted to purchase kiddy porn on DNF they should be allowed to? Or how about a slave from south america?

I would have to disagree. They may not be enforcing the law, but DNF doesn't need to turn into a ghetto of illegal holdings.

It is what moderators do. Enforce the rules. It wouldn't take any extra time out of DCG's schedule.

 

[foundrstack]

The poster also made a good point by saying:

A terms of use agreement is a contract. Breach of contract is illegal. But it's up to you guys whether or not you want to allow it. Same as selling AdSense/YPN accounts, transferring licensed software that isn't transferrable, trading cracked software/scripts.

Wouldn't DNF be risking a lawsuit in that case?

 

[jdk]

I think that if it was a free forum they could claim its a public community of free speech. When you get into paid memberships it may put them in a different category and have to monitor the posts. If this is allowed to occur on the forum they may be liable. I am not sure. I am sure DCG knows more about the legal issues.

 

[VioxxLawyers]

I vote for the ban, its still a domain forum, it wont hurt anyone to put a ban on such illegal activity. They can post their ads elsewhere, DNF has nothing to lose by enforcing the rules in that specific case, its not like it was something related to domainers.

 

[Duckinla]

So if someone wanted to purchase kiddy porn on DNF they should be allowed to? Or how about a slave from south america?

No, and if someone wanted to advertise their hit-man services on DNF, that probably shouldn't be allowed either.

There is a difference between "illegal" actions that can result in a civil lawsuit and actions that can result in a criminal case. I dont' think it's fair to group the two for purposes of this discussion.

 

[Kid Kool]

The last thing dnf needs is yet another "new rule"

 

[March2005]

I think that DNforum is one of the public faces of the domaining industry, and as such, it seems unwise to offer things for sale that observers might view as being slightly illegal, immoral, or unethical.

It seems like the main danger of selling a MySpace profile on a public forum is that someone from the company could find out about it and then delete it for violating the rule.

If there is a market for them, there probably already are existing private forums where such things are sold and traded.

Also, I have found the existing rules here at DNforum to be reasonable.

 

[Kid Kool]

Also, I have found the existing rules here at DNforum to be reasonable.

That's because you just joined, a month ago. I have been here 4 years, and I find it annoying there is a new rule for this and that. I get warned for violating these new rules that newbies want that I don't even know exist, even though i have been here and done thousands of transactions. I think it may be time for me to move on as it appears the inmates are running the asylum. For the record I have never bought or sold a myspace account, but my feeling is that if you feel such sales are unethical just because myspace has it buried in their TOS somewhere, then simply ignore these threads and do not buy them. People sell trademark typos of domains all the time, celebrity names, and if you are against the trading of such names or do not wish to take the risk simply do not buy the names.

 

[3dwealth]

TOTALLY agree (yes it is the Wild West of the 21st century - but we don't need an OK corral ... :nono: )

So if someone wanted to purchase kiddy porn on DNF they should be allowed to? Or how about a slave from south america?

I would have to disagree. They may not be enforcing the law, but DNF doesn't need to turn into a ghetto of illegal holdings.

It is what moderators do. Enforce the rules. It wouldn't take any extra time out of DCG's schedule.

Using this logic however - free member could say and do whatever they want, while paying members will be sensored? This is the job of the mods - ensure everyone is following the rules ... PLUS MySpace should be kept for the purposes it was created - not become a sesspool of spam.

LOL - I only got a MySpace account a week ago and am getting spam ... I think from a "lady" named Pam.

I think that if it was a free forum they could claim its a public community of free speech. When you get into paid memberships it may put them in a different category and have to monitor the posts. If this is allowed to occur on the forum they may be liable. I am not sure. I am sure DCG knows more about the legal issues.

Auto merge ---- this is SOOOO cool!!!! Sorry - edited again :love:

TOTALLY agree (yes it is the Wild West of the 21st century - but we don't need an OK corral ... :nono: )



Using this logic however - free member could say and do whatever they want, while paying members will be sensored? This is the job of the mods - ensure everyone is following the rules ... PLUS MySpace should be kept for the purposes it was created - not become a sesspool of spam.

LOL - I only got a MySpace account a week ago and am getting spam ... I think from a "lady" named Pam.

 

[snicksnack]

No, and if someone wanted to advertise their hit-man services on DNF, that probably shouldn't be allowed either.

There is a difference between "illegal" actions that can result in a civil lawsuit and actions that can result in a criminal case. I dont' think it's fair to group the two for purposes of this discussion.

Illegal is illegal no matter in what sort of law suit it will end.

 

[Theo]

This is just the tip of the iceberg. MySpace will be a registered trademark in June and the mass lawsuits will begin.

 

[sevent]

Breach of contract isn't illegal. It's breach of contract

Not to be snide here but there is a VERY important difference. If I hire a contractor to pait my house and the contract says he has to do the front door too, but he doesn't, he broke the contract. He DID NOT break the law and he most certainly didn't do anything illegal. It's up to me to prove breach of contract so I don't have to pay him the full amount.

If a forum lets people trade items that might be breaching a contract, at worst it makes the forum an accessory to breach of contract. It's MySpace's job to enforce their contracts, not DNF's.

Oh IANAL just in case.

The poster also made a good point by saying:



Wouldn't DNF be risking a lawsuit in that case?

 

[March2005]

"Prohibited Content includes, but is not limited to Content that, in the sole discretion of MySpace.com:”
“provides any telephone numbers, street addresses, last names, URLs or email addresses;"

but on the MySpace.com search page is this text:

"Find Someone You Know"
"Example: Tom Jones or Tom or tjones @ hotmail.com"

So, MySpace does not allow "last names, URLs or email addresses" yet they tell people how to search for someone’s last name and e-mail address, and they mention a URL.

Maybe instead of "a place for friends", MySpace should be renamed "a company employing hypocrites" as they seem to be in violation of their own "Terms of Use Agreement".

Feel free to share this information with your friends who use MySpace.

By the way, MySpace is owned by News Corporation:

http://www.cjr.org/tools/owners/newscorp.asp

 

[taboo]

If you're not allowed to sell "your space" on Myspace, then who's space is it really? hmmm. layball:

 

[sevent]

LOL theirSpace, apparently. I heard that as soon as Murdoch (newscorp) took over they changed the TOS so that they owned the copyright to anything you post there :twitch:

If you're not allowed to sell "your space" on Myspace, then who's space is it really? hmmm. layball:

 

[snicksnack]

Well, they cannot own the copyright of everything you post, the person posting it, must at the time of posting own the copyright, otherwise he/she cannot transfer it.

 

[Sniche]

If you're not allowed to sell "your space" on Myspace, then who's space is it really? hmmm. layball:

ROFLMAO...never really thought of it like that. I can see that argument getting brought up in court.