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Update of LJ Terms of Service 
18th-Dec-2010 10:34 am
James gorgeous
MODs: My apologies if this is not ok to post. Remove if necessary.

~~~~~~~

I think it would behoove us all to go and read the updated LJ Terms of Service.

TOS:   http://www.livejournal.com/legal/tos.bml

Summary of updates to the TOS (and Q&A's at the bottom of the page):  http://community.livejournal.com/lj_policy/3193.html

One of the questions on there is pertinent to those of us who post adult-themed fic:

Q:    What about those of us who write fanfiction & have our journals set to the "explicit adult content" level, but don't specifically flag individual entries as being rated NC-17?

I was under the impression that setting my journal to "explicit adult content" protected me from any witch-hunts conducted by homophobes who mistakenly believe they have a right to be the Morals Police. Is that an incorrect assumption on my part?

A:  If you have a journal-wide (windchild85's emphasis, not theirs) setting of "containts explicit adult content", this would override any individual entry's setting unless your journal-wide setting changed. As long as you keep that journal-wide setting, though, anyone who sees your entries has had to either set their viewing preference to allow them to view adult entries and/or click through a page warning them that adult content is present. If someone has been given the choice to view or not such material, and they choose to view it, it is no longer any concern of ours what's there unless other violations of the ToS exist.


So, the suggestion is that we should all set our entire journal, rather than just individual entries, to 18+. Which is a good idea, I think.

I just hope LJ does not start enforcing the TOS statement I've italicized and underlined:

Offensive content:
LiveJournal is a social media platform that falls under the DMCA Safe Harbor Agreement and, as such, cannot be held responsible for any user-generated Content that appears on its Service. Without imposing legal accountability where none exists, LiveJournal reserves the right, at its sole discretion, to suspend any Account, remove any Content, and/or restrict access to any part of the Service that contains full nudity, violence, obscenity, gang-related Content, hate-based Content based on racial, ethnic, gender, transgender, disability, or sexual orientation, harassment of other users, endangerment to minors, incitation to violence or criminal activity, violation of another person’s intellectual property rights, or Content that is otherwise offensive or inappropriate under the TOS, in order to maintain a safe environment for all of its users.

Considering the number of entries on individual accounts, plus fanfic and other communities on LJ, a good percentage of which contain nudity (i.e. nekid_spike, et al), violence (too many to list), obscenity (too many to list), I'm guessing there'd be a mass exodus of members and communities if LJ starts to enforce their own policy.

 
Comments 
18th-Dec-2010 06:38 pm (UTC)
How does one set their journal to 18+?

Thanks!!
18th-Dec-2010 06:44 pm (UTC)
Log into your LJ account. Then go to PROFILE, then SETTINGS, then DISPLAY. Once you're on the DISPLAY screen, look down on ttat page until you get to Adult Content. You have three choices in the drop down window: No Adult Content, Adult Concepts, and Explicit Adult Content. Choose Explicit Adult Content and then further down the page, make sure to click on SAVE.
18th-Dec-2010 06:48 pm (UTC)
Once you've set your entire journal (not individual entries) on Explicit Adult Content, anyone going to your journal via LJ or from the outside (meaning they just found you by surfing around the internet) will receive a warning that the journal contains explicit content. They can then choose to enter your journal/read that entry, or leave. But at least they've been warned.
19th-Dec-2010 12:13 am (UTC)
Hi, I don't mind this being posted here, but can you please remove the last sentence, the one that reads "So set those journals to 18+, people!!.

I don't want this comm, or the people in this comm, to be seen to be telling others what to do. Sharing the information and letting everyone make up their own mind is one thing, but this is not that.

Thanks.
19th-Dec-2010 02:32 am (UTC)
Sure...done!

:)
19th-Dec-2010 02:42 am (UTC)
Thanks!
19th-Dec-2010 05:20 am (UTC)
It's a good idea for journals who are primarily explicit - it's how I have my fic journal set - but I'd like to clarify that when you say "the suggestion is that we should all set our entire journal, rather than just individual entries, to 18+" that you mean it's your suggestion, not LJs. Setting individual entries offers just as much protection - it's simply a bit more work. I'd hate for PG authors to mistakenly take their stories out of wider circulation and for minors to have a dearth of appropriately rated fic to read.
19th-Dec-2010 05:33 am (UTC)
You're right, I should have said "The implication is..." rather than "the suggestion is..."

Either way, the moderator's statement remains the same: "As long as you keep that journal-wide setting, though, anyone who sees your entries has had to either set their viewing preference to allow them to view adult entries and/or click through a page warning them that adult content is present. If someone has been given the choice to view or not such material, and they choose to view it, it is no longer any concern of ours what's there unless other violations of the ToS exist."
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