Buying Diggs: The Usocial.net Test

Just thought people might be interested, I'm an attorney and there is nothing illegal about buying votes on digg or any other social media site. There is not a criminal law out there prohibiting this nor is it a tort or some other actionable offense under civil law for which someone can be sued, that I'm aware of. Yes, they can ban your account site and content, but they can go no further than that. Thought people might be interested as I keep seeing things that say this is illegal, it may be annoying, but its not illegal. Spam away

Dear Jared,

In order to prove a tort (like tortious interference) one must prove damages in order to seek compensation for damages. Here, I don't see where exactly the damages are, yes they are violating the terms of service, fine they get banned, that's it. If usocial was doing something that caused tangible damages, like say implanting a virus on digg's site, then they would have a claim of damages, but at the end of the day this would be a contract dispute and Digg can do what it has the power to do per the agreement, namely, ban the user. Consequential and punitive damages are difficult to obtain particularly where there is a remedy set up in the agreement that both parties have agreed to. Here, there is a remedy: banning users, and after digg uses that remedy I don't see a court imposing further penalties simply for violating a TOS agreement, particularly where damages is such a murky issue.

"Do you even know what it means when you sign an agreement with a company to abide by their rules, and if you violate their rules... well... they can sue you for everything you own!!!!!!"

Yes I do know what it means to sign an agreement, but in this situation who signed what and where? What I mean to say is: the validity and extent to which courts will bind parties to so called "click wrap" agreements is still a bit vague. Depending upon the jurisdiction they are enforced differently. In my research on clickwrap agreements I have come to the conclusion that by and large, courts will uphold them as far as they go, but they will not bind people to them to the point they would bind them to a written agreement that is duly formalized. For instance, binding arbitration clauses in clickwraps have been routinely thown out, and I think in the same vein of logic courts would not put people on the hook for consequential or punitive damages based upon an agreement "signed" in cyberspace where the user is really given no option to negotitate the terms of the agreement. To sum up, yes they could sue you, would they win? I doubt it.

Terms of service agreements are simply service contracts and if either side fails to live up to their end of the agreement then that party is in breach, if there is a remedy in the contract then that remedy shall be used.

In practical terms, yes digg has many high paid lawyers, but at the end of the day the four corners of the TOS is as far as a court will likely look in trying to remedy the situation, and if it doesn't say "we'll take everything you own if you violate this agreement," then I find it unlikely that a court would impose that type of remedy upon someone in vioation of the TOS.

FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY...MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER

I'm a little unclear about this part of the TOS. Isn't manipulation of the site exactly what people routinely do on digg? Every time a shout is sent that says, "hey vote for this," isn't that a request to manipulate and affect the site? As far as that cease and desist letter, that's more scare tactic than anything, although I think Digg will eventually sue them, winning that suit will be the tough part, I don't care how many attorneys they have. The case will likely set a lot of new precedent.

I never did understand how USocial thought they were going to get away with it. Shout from the rooftops that "We're going to violate TOS and game the system!"?

Thanks for bringing a year old thread back from the grave. :rolleyes:

As for hearing the results, I think you will be waiting a long time,
since the OP has not returned to share their results...

phoenix212 : Last Activity: 12-08-2008 06:17 PM