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stinkbeetletoday at 11:54 AM1 replyview on HN

> Power being disproportionate is obviously not sufficient to void terms - that's not what the comment you're replying to said. It is necessary to void terms when there is a power imbalance.

What are you trying to say here? I didn't claim the previous poster didn't think it was necessary, I was just commenting on the sufficiency part of the claim -- sufficient being a subset of necessary.

> This is obviously ridiculous and makes me think you are not arguing in good faith.

What is ridiculous is that you're pretending not to recognize a reductio ad absurdum, particularly in the context of a reply that included McDonalds dictating how you eat a hamburger! Makes me think you are not arguing in good faith, I may be forced to report you to an adjudicator to rule on how we are permitted to debate.

> Terms have to justify their existence according to logical principles that we argue about.

And that's exactly what I'm asking about. OP made a claim about what terms were "justified" and I'm trying to find out the basis for them.

> Ironic comment!

It isn't, you're just unable to address it.


Replies

danlitttoday at 2:33 PM

> What are you trying to say here? I didn't claim the previous poster didn't think it was necessary, I was just commenting on the sufficiency part of the claim -- sufficient being a subset of necessary.

Sufficient is not a "subset of necessary". "Sufficient" in this context means a reason that voiding terms is justified. There being a power imbalance does not mean that the terms should be voided. If the more powerful party stipulates "You may not continue to use the service if you use it to commit a crime", then nobody would argue that the term must be voided just because the more powerful party stipulated it. That is why when you say "the state's adjudicator decides they are exactly equal in "power" and permits it?" this is neither a reductio ad absurdum nor logically valid. Nobody said or implied that any part of the process should be "void the terms if the parties are not equally powerful". You just made that up.

What they did imply was "if the terms are otherwise not justified, and the parties are not equally powerful, you may have to void the terms". In other words, it would be necessary to void the terms.

> What is ridiculous is that you're pretending not to recognize a reductio ad absurdum

It isn't a reductio ad absurdum, because you took the argument "all TOS terms except these 3 categories should be unenforceable" to the logical extreme of "there should be a state-appointed adjudicator who reviews every contract". I am simply advocating for a particular law that should be published.

> OP made a claim about what terms were "justified" and I'm trying to find out the basis for them.

The background reasoning is that service providers should not be able to dictate your behaviour unless it is behaviour that directly affects the service - either because you're using the service in an unethical way, or you're making the service unreasonably hard to provide, or whatever. It happens to be the case I can only think of a handful of terms that have this property. Maybe there are more.

> It isn't, you're just unable to address it.

I think we agree, I am unable to address such titanic arguments as "many people are subservient". I will meditate on these words.

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