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Protection From Online Eviction?

AOL has been shutting down its free Web services, in some cases with little or no notice to users, and they are not the only ones. This blog post on the coming "datapocalypse" makes the case that those who host Web content should be required to provide notice and access to data for a year, and be held strictly accountable the way landlords are before they can evict a tenant. Some commenters on the post argue that you get what you pay for with free Web services, and that users should be backing up their data anyway. What do you think, should there be required notice and access before online hosts take user data offline for good?

296 comments

  1. Nuts by EdIII · · Score: 5, Interesting

    What has happened here was not eviction. If we are going to use that word correctly, that is.

    Evict (evicted, evicting, evicts) - To put out (a tenant, for example) by legal process; expel; Law to recover (property, for example) by a superior claim or legal process.

    Tenant - One that pays rent to use or occupy land, a building, or other property owned by another.

    Unless those people paid for a web hosting package, they have zero recourse and they cannot be evicted as they never paid a dime for anything. They should not have any either.

    I am sure there was some sort of TOS agreed to that it was for free and no guarantees were going to be made to it's avaiabilbity, backups of data were the users responsibility, etc.

    This seems to be some sort of insane sense of entitlement by some people. Some delusion that servers, data storage, and bandwidth are free. That once they find their place to squat that "they are owed" something by the people that actually own that space.

    Huh?

    That's ... ridiculous. "They've gone plaid".

    It was a free service and the web hosting providers have every right to do whatever the hell they want. There is no 99.9999% uptime SLA. It's called, "It's free. So sit down, have a coke, and shut the fuck up" SLA.

    The argument that there has to be some sort of socialist laws guarantying free and protected web space to the people is just nuts.

    Anyone wonder why property investors avoid certain parts of the East Cost US like the plague? It's because they have those laws there that can keep a squatter in a place for 9 months WHILE THEY DON'T PAY A DIME TO THE LANDLORD. Meanwhile, the landlord is paying a mortgage, property taxes, insurance, maintenance, etc.

    Those people are parasites.

    1. Re:Nuts by pxlmusic · · Score: 2, Informative

      i'm with you on that one. hosting and domain registration is cheap as hell these days.

      OTOH, could not the same be said of free e-mail? i say this knowing that for example, Comcast's users have nothing but issues with the e-mail access included in their accounts whereas i have no issues with my free GMail access.

      --
      "If for any reason you're not satisfied with our service, I hate you."
    2. Re:Nuts by Tubal-Cain · · Score: 2, Interesting

      I am sure there was some sort of TOS agreed to that it was for free and no guarantees were going to be made to it's availability, backups of data were the users responsibility, etc.

      Agreed, although it would be more polite to notify them. After all, it takes virtually no effort on AOL's part.

    3. Re:Nuts by arth1 · · Score: 1, Interesting

      If something has been advertised for free, the payment is still there, it's just zero.
      In this case, the users are not squatters, they have been offered a service, and have accepted the service. Whether the payment is $0.00 or $0.01 shouldn't fundamentally change the basic rights.

      Whether the users are too demanding is another issue. In the case of data, it can and should be copied, and if you're stupid enough to not have a copy (or, rather, the original) on your own PCs, I think you deserve what you get. However, there are cases where a person should be able to ask for some time, like for instance if they have fallen on hard times or have been burgled, and need time to copy the data off.

      I think a livable solution would be a two-weeks notice, and a two-weeks extension for those who ask for it, and also a way for people to pay for getting the data delivered on a CD/DVD or similar (i.e. a stupidity surcharge).

      Anyhow, that's just my opinion :-)

    4. Re:Nuts by EdIII · · Score: 5, Insightful

      Okay, politeness is nice and all. As long as we can agree it's not actually legally required.

      This is not so much about AOL as it about and it is more about what the author of the article is stating. From the article, the gentleman makes it sound like a call to arms for the oppressed and downtrodden. He is making into some sort of social injustice issue and that only laws will force the web hosting providers into doing the "right thing".

      So it would be in the best interest of those providing free services to treat their subscribers nicely since they get plenty of ad revenue from it. That's fine and dandy. It's just not legally required.

    5. Re:Nuts by cayenne8 · · Score: 1
      I'm wondering about the analogy about web hosting, and people that rent apts and houses...and their supposed rights?!?!

      Where is this that you get so much notice and all? Down here...you get a written notice delivered to you by the sherrif. YOu have 30 days from there to be out...on day 31, your shit gets thrown out on the streets.

      Not to mention...it seems hard as hell to get a deposit back...I've been renting different places in NOLA for 10 years...and I've been stiffed on deposits a couple of times easily. And...if they sell the house your renting to someone else...well, you get 30 days..a.nd OUT...no recourse whatsoever.

      So, I'm wondering what these renters rights are in other cities/states?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:Nuts by pxlmusic · · Score: 1

      not much. the average consumer has jack shit for protection these days.

      more of that "golden rule" crap.

      --
      "If for any reason you're not satisfied with our service, I hate you."
    7. Re:Nuts by GravityStar · · Score: 2, Insightful

      I don't see any need to give two-weeks notice to anyone who trolls a forum posting some inane story on what happened when he saw Obama. (You know what I'm talking about, you've seen these posts around here. Yes you have.)

      I would delete those posts (and the poster) from any forum I have moderator/sysop rights to. Without notice. A mandatory two-weeks notice would be wonderful for spammers, warez uploaders, trolls, hate-groups, etc.

      The author of the blog post hasn't thought this through. But then, that's indicative of most blogs.

    8. Re:Nuts by rhizome · · Score: 4, Insightful

      Okay, politeness is nice and all. As long as we can agree it's not actually legally required.

      Correct. As stated many times, there is no law against being a dick.

      --
      When I was a kid, we only had one Darth.
    9. Re:Nuts by Malevolyn · · Score: 2, Informative

      1&1 has a practice of suspending your account and removing all data without any notice. I was running a website hosted by them, and on said site we got into a discussion about phishing. 1&1 came to the conclusion that my site was actually being used for phishing and shut it down with absolutely zero notice. I didn't find out until I tried to login to my admin panel.

      1&1 is supposedly one of the biggest hosting companies in the world and I'm appalled at their actions. I was never able to receive any of my data, or even get any correspondence. I would say that's a pretty good definition of "eviction," and I will never do business with them again.

      --
      Your ad here.
    10. Re:Nuts by timmarhy · · Score: 1

      this calls for the dicks and pussy's speech.

      --
      If you mod me down, I will become more powerful than you can imagine....
    11. Re:Nuts by b4upoo · · Score: 4, Interesting

      It is not just the east coast that can be punitive in regard to land owners. Squatters can often cost a fortune and take years to evict in many states.
                However I don't feel sorry for these landlords getting stuck at all. Many times they are arrogant and terrorize tenants with illegal actions. For example I know one old creep who refused to repair a septic system with the claim that since a tenant lived there the tenant must pay for the work. The guy knew just how to get revenge and paid to get the sewer system fixed and stopped the rent dead cold. It took close to a year to get him evicted and the loss of legal fees and rent was a stunning lesson to that landlord. And in Florida collecting a judgment can be impossible so the tenant knew full well that he had won the battle.

    12. Re:Nuts by EdIII · · Score: 3, Insightful

      If something has been advertised for free, the payment is still there, it's just zero.

      Uhhh, Sorry but a "payment" must be non-zero by it's very definition. What you are trying to say is that you can construct a contractual agreement (TOS) without any sort of compensation. "Free" and "Payment" are mutually exclusive in any language on Earth.

      I think a livable solution would be a two-weeks notice, and a two-weeks extension for those who ask for it, and also a way for people to pay for getting the data delivered on a CD/DVD or similar (i.e. a stupidity surcharge).

      May be a nice solution and a polite one, but it should never be a legal requirement in a contract for web hosting providers that offer free service.

      The law is clear. If you are staying someplace without any contractual agreement or non-zero form of compensation the property owner can have the police forcibly remove you at will. No judge will support your claims for damages either. They will throw your case out of court since you never paid anything.

      There is a big difference between the law (various contract laws which govern contracts) and what is the "nice and warm fuzzy" way of doing things. It is often in companies best interests to get as close to possible as the "nice and warm fuzzy" way of doing things since it increases customer satisfaction, but it is not required by law.

    13. Re:Nuts by wdsci · · Score: 1

      There's still the issue (brought up above) of the terms of service. If the TOS says that AOL may discontinue the service at any time with or without notice for any reason whatsoever, then too bad for the users, they don't have any right to a two weeks' notice or any notice at all. The difference between $0.00 and $0.01 is that a sensible consumer is a whole lot less likely to pay a nonzero amount of money for a service with a TOS that includes that clause. There's no basic right to an advance notice of termination, it's just that - one would hope - offering a service without one wouldn't be economically viable.

    14. Re:Nuts by Anonymous Coward · · Score: 0

      "Whether the payment is $0.00 or $0.01 shouldn't fundamentally change the basic rights."
                Sure it does. If no money exchanged hands, this makes a difference in a lot of situations. I mean, that's after all why you will have dealings where someone pays $1 rather than just giving something away -- it makes it nice and legal.

                That said... so AOL "should" give a month or so warning for people to pull their info. But they sure don't have to. I have not put anything on a free web server, photo site, etc. I run my data off my own machine. I did almost lose it in a disk crash once, but have never had to worry about some free service provider taking it down.

    15. Re:Nuts by garett_spencley · · Score: 1

      "It took close to a year to get him evicted and the loss of legal fees and rent was a stunning lesson to that landlord."

      IANAL but I do watch an unhealthy amount of people's court. A great bulk of those cases deals with the landlord / tenant relationship and rent. While I have no doubt that it could have taken close to a year to go through the process, everything that I have ever heard on the subject tells me that the tenant would have to pay the landlord rent for all of those months that he was staying there.

      What I am willing to buy is that, if the lease agreement or state law says that the landlord was, in fact, responsible for the repairs to the septic tank then the judge could have (and probably would have) deducted the cost of the repair from the amount of rent owed. It's certainly possible that the cost of the repair equaled or was greater than the amount owing in which case the landlord would have collected nothing and may have actually had to pay the tenant something if the tenant had a counter-claim. However, the tenant would have had to prove that he paid for the septic repair, that he did so because the landlord refused to and the judge still could have dismissed all cases due to the fact that both parties broke the lease agreement or state laws.

      If anyone with more direct knowledge wants to chime in or correct me please do.

    16. Re:Nuts by Anonymous Coward · · Score: 0

      they have those laws there that can keep a squatter in a place for 9 months WHILE THEY DON'T PAY A DIME TO THE LANDLORD

      That's ok, if there's anything that the "subprime" (read: investor's 10th loan) mortgage crisis tells us, it's that the landlord wins in the end when they continue to collect rent while neglecting to mention to the tenants that they're going to be evicted.

      Why these guys aren't hunted down and busted for fraud escapes me, then again, maybe I should start demanding rent from people on property I don't own.

    17. Re:Nuts by calmofthestorm · · Score: 2, Interesting

      In general, it's also probably good business practice to notify people, in terms of making them less angry and giving them a chance to back it up if they didn't. But in the end, I'm extremely leery of legal regulation on things that are given away for free. Short of intentionally poisoning food at a soup kitchen I don't see a whole lot of justification.

      Legality and even ethics aside, I am sad as this will poke a lot more holes in our series of tubes, and cause many things that I find useful to go missing. I generally download useful websites just in case, but not reliably, and there are always the useful ones I haven't found yet. Broken links suck.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    18. Re:Nuts by calmofthestorm · · Score: 1

      Well if you want to discuss good business strategy, quality, and politeness we can do that, but legal recourse

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    19. Re:Nuts by calmofthestorm · · Score: 3, Insightful

      Violation of TOS is pretty different than a site closing itself down. Still, I agree, it's kind of silly to require them to keep it up. We'd just see

      1) Free hosting services stop because of liability
      2) Use of loopholes to circumvent this ill-conceived law
      3) Legal challenges (unlikely)

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    20. Re:Nuts by Anonymous Coward · · Score: 0

      ... you mean, the "Dicks, Pussies and Assholes" speech?

    21. Re:Nuts by calmofthestorm · · Score: 3, Informative

      Actually under contract law many contracts require "consideration" be paid.

      Case in point: NDAs. An NDA is only legally a binding contract (US-Centric law here) if the signer receives compensation in some form for it. For example, in job interviews the NDA is usually reciprocal: we don't talk about you, you don't talk about us. In others it's a lunch.

      In many contracts you get or give $0.01 or $1.00 just to make sure it'll stand up.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    22. Re:Nuts by m.ducharme · · Score: 5, Interesting

      You're forgetting something very important: the law does not require that one party pay money for a contract to exist, only that there is some consideration. If AOL is providing a service for free, then you're correct. But if AOL is providing a service in exchange for showing you ads, or data-mining your surfing habits, then you are paying for the service and AOL is bound by the terms of the contract. If those terms include clauses stating that notice has to be given, then AOL has to give notice. If not, then the user is shit out of luck, should have bargained harder.

      Courts are very leery of making judgments on the value of the consideration (the price you pay) preferring to let contracting parties work out how much of what is worth the service or good contracted for, so I'm pretty confident that a judge would find that exposure to advertizing or data-mining would constitute sufficient consideration.

      Also, in contract law there is the notion of unconscionability, specifically that where one party to the contract is grossly more powerful than the other, the court can make decisions in favour of the less powerful party that would otherwise run afoul of contract law. True bargaining only occurs between equals, and the law has long recognized that.

      It's this principle that is the source of the renter's protection laws that you despise so much. Tenants get these protections because they would otherwise be powerless against their landlords, who could impose terms with impunity (pay up, or I'll throw you out on the street! And no, I won't get rid of those cockroaches! Too expensive!). You may not like it when poorer tenants are protected against their landlords, but I bet you don't object so much when you want to return something you bought under warranty. Warranty and consumer protection laws derive from the same principle of law.

      And lastly, if the cut-off of service wasn't mentioned at all in the TOS, the customers may have a remedy in tort for damages. The TOS would have to explicitly waive liability on cessation of service to exclude recovery in tort.

      (note that of course, I am not a lawyer, this is not advice, blah blah blah.)

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    23. Re:Nuts by Anonymous Coward · · Score: 0

      There is a huge difference between a judgment saying "the defendant must pay the plaintiff $x" and the plaintiff actually collecting that money.

      Sure, the defendant is legally obligated to pay. But you can't touch the defendant's house, he has to live somewhere. And you can't touch his pension, he has to live off something. In some states, anything he owns jointly with his wife is protected.

      Some defendants are "judgment proof." If they have no assets, you will never be able to collect a dime.

    24. Re:Nuts by KDR_11k · · Score: 1

      "Free" and "Payment" are mutually exclusive in any language on Earth.

      Well, except for the ones opensource proponents talk, of course.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    25. Re:Nuts by Anonymous Coward · · Score: 0

      To learn how to stop whining,
      join the army.

    26. Re:Nuts by slashtivus · · Score: 2, Interesting
      In Wisconsin you are not allowed to evict a tenant between November and March (IIRC). The idea is that people can freeze to death without a home.

      The same applies to electricity and gas service, this applies to home-owners as well.

      Come April 1st you will be back out on the street, and good luck finding another apartment to rent (most ask for references / some want credit checks too). Also you will most likely get a judgment against you on your record / credit report.

      I am not sure what the rules are when a property is sold.

    27. Re:Nuts by mdwh2 · · Score: 4, Insightful

      GMail is a good example - I can't help thinking that if Google decided to delete all the GMail accounts without warning, there'd be an uproar on Slashdot. I wonder how many of the "It's free, and they should've backed up" commenters here have full backups of their GMail accounts?

    28. Re:Nuts by Hooya · · Score: 1

      > ... there is no law against being a Dick

      Obviously

    29. Re:Nuts by anagama · · Score: 1

      Agreed, although it would be more polite to notify them. After all, it takes virtually no effort on AOL's part.

      Man, AOL sucks. First they took away no-cost bimonthly floppies with free delivery, and now free web space to boot. That's more than impolite -- they've ruined data storage options for untold millions.

      --
      What changed under Obama? Nothing Good
    30. Re:Nuts by jcr · · Score: 1, Offtopic

      I wonder how many of the "It's free, and they should've backed up" commenters here have full backups of their GMail accounts?

      As it happens, I didn't get a gmail account, because I didn't want my e-mail to depend entirely on a provider's largesse. I pay for my e-mail.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    31. Re:Nuts by Anonymous Coward · · Score: 0

      Hahaha too bad your orginal idea about making money off the ads is wrong.

      Otherwise decent waste of typing.

    32. Re:Nuts by horatio · · Score: 2

      So if I understand the logic correctly here: I can set up a lemonade stand in the front of my house and give away free lemonade. I can collect information by passively observing the people who pick up one of these free lemonades (sex, race, vehicle, age, direction on the street they came from, etc). To keep with what you've said, I have a sign nearby that says "Free lemonade sponsored by Jack's Shrimp Shack" because my friend Jack kindly underwrote some of my costs. Then at some point I decide that my experiment is over and I pack up my lemonade stand and go home. Maybe it was too hot outside and I was bored. Someone has a court case against me because I stopped handing out something that was free, but not free, because I was collecting information and had a poster advertising a business?

      I'm not arguing with you as much as trying to understand how far your premise can be taken. Trust me, I would be royally pissed off if gmail suddenly went away without notice. What you're saying, however, is that I might have some kind of recourse here to sue them? What is that thing people are always posting here about

      1. Set up free gmail accounts (the more the better)
      2. Wait for google to shut off the gmail beta
      3. ???
      4. Sue Google
      5. Profit!

      --
      There is very little future in being right when your boss is wrong.
    33. Re:Nuts by EdIII · · Score: 1

      You're forgetting something very important: the law does not require that one party pay money for a contract to exist, only that there is some consideration. If AOL is providing a service for free, then you're correct. But if AOL is providing a service in exchange for showing you ads, or data-mining your surfing habits, then you are paying for the service and AOL is bound by the terms of the contract. If those terms include clauses stating that notice has to be given, then AOL has to give notice. If not, then the user is shit out of luck, should have bargained harder.

      Courts are very leery of making judgments on the value of the consideration (the price you pay) preferring to let contracting parties work out how much of what is worth the service or good contracted for, so I'm pretty confident that a judge would find that exposure to advertizing or data-mining would constitute sufficient consideration.

      Well, I did not forget. I was only pointing out that a payment cannot be non-zero, especially since payment is explicitly monetary. Now I completely agree with you that consideration does not have to be monetary. I only stated that the poster seemed to think there was no form of compensation (consideration) or payment required in a contract. I felt that poster was saying that something freely given away (truly free) can still be thought to be under a contract of some kind. So I was saying what you are saying now, just not as eloquently and with such specific legal language.

      In the absence of any contract web hosting users have no basic legal rights guaranteed to them. If there is a TOS, then both parties are bound by such contract. I doubt AOL would willingly violate the terms of its own contract, and if it did do so, then there are remedies available to those users. AFAIK, there are no contract laws regarding web hosting services yet or basic legal rights regarding it in an absence of a contract.

      As for the data-mining and ad revenue, I don't think that all free services have some sort of hidden benefit (hidden to the consumer) that could be thought of as consideration. Of course no business would actually do something for free. Sometimes it is just the opportunity or the creation of good will in the market. I don't feel that can equated to consideration for a contract, verbal, implied, written or otherwise.

      Also, in contract law there is the notion of unconscionability, specifically that where one party to the contract is grossly more powerful than the other, the court can make decisions in favour of the less powerful party that would otherwise run afoul of contract law. True bargaining only occurs between equals, and the law has long recognized that.

      I agree with that and it only applies if AOL has a contract. I have not checked, but it most likely does and for the purposes of this discussion let's assume it does. I am sure that a court would not find AOL's actions "unconscionable" given that there was no monetary compensation and that the only consideration was data-mining and ad revenue. It is likely that AOL's TOS which governs both parties explicitly states that AOL has the rights to terminate the service without notice and that it has no liability for the content itself. It would be foolish otherwise.

      That is where balance and fairness comes in here. I don't think ad revenue and data-mining is sufficient to automatically grant the user certain protections. If AOL has clauses in it's TOS that allow it to terminate service without any warning or liability then that is fair given the situation. I don't believe there should be any compensation provided to the users by the courts.

      It's this principle that is the source of the renter's protection laws that you despise so much. Tenants get these protections because they would otherwise be powerless against their landlords, who could impose terms with impunity (pay up, or I'll throw you out on the street! And no, I won't

    34. Re:Nuts by PopeRatzo · · Score: 3, Interesting

      You don't think we pay for Gmail? I hear a little cash register ring every time I see another targeted advert.

      2008 was the year that it was discovered that not paying for something does not equal getting it free. Hell, the hysterics over at Wired Magazine had a whole issue about how much money can be made by not charging for stuff. Had a really ugly neon cover, too. I had to tear off the front cover before placing it in the bathroom next to my TV Guide and ashtray.

      --
      You are welcome on my lawn.
    35. Re:Nuts by pxlmusic · · Score: 1

      exactly. i don't have a gmail backup. furthermore, i've had mine for almost 5 years now, and the database is *huge* (You are currently using 1773 MB (24%) of your 7280 MB).

      i have made various attempts to pull down the mail into outlook or t-bird, but i keep having to re-initiate the send/receive function as it only grabs 200 - 300 messages at a time.

      --
      "If for any reason you're not satisfied with our service, I hate you."
    36. Re:Nuts by pxlmusic · · Score: 1

      but that's the point i was making. the e-mail that people are actually "paying for" with Comcast is terrible. there are constant issues, outages, and that's not including the errors with that accursed "smartzone" migration.

      i doubt that hotmail or yahoo users experience these issues -- maybe more spam, but that's probably it.

      --
      "If for any reason you're not satisfied with our service, I hate you."
    37. Re:Nuts by m.ducharme · · Score: 0

      So if I understand the logic correctly here: I can set up a lemonade stand in the front of my house and give away free lemonade. I can collect information by passively observing the people who pick up one of these free lemonades (sex, race, vehicle, age, direction on the street they came from, etc). To keep with what you've said, I have a sign nearby that says "Free lemonade sponsored by Jack's Shrimp Shack" because my friend Jack kindly underwrote some of my costs. Then at some point I decide that my experiment is over and I pack up my lemonade stand and go home. Maybe it was too hot outside and I was bored. Someone has a court case against me because I stopped handing out something that was free, but not free, because I was collecting information and had a poster advertising a business?

      No, because your side of the bargain is giving away a glass of lemonade. Once you've done that, and the customer is happy with their lemonade, the contract has been fulfilled on both sides. If you'd promised to provide lemonades every day at a particular time, you may have problems, depending on the terms of the contract.

      AOL isn't selling a product, they're selling a service, and a promise to continue to provide that service for a specified time (in this case, I think the time limit is "until AOL decides to no longer provide the service").

      1. Set up free gmail accounts (the more the better)
      2. Wait for google to shut off the gmail beta
      3. ???
      4. Sue Google
      5. Profit!

      Don't forget that you'd also have to show damages. If you opened a pile of e-mail accounts with the sole intention of suing google later, the judge wouldn't be too happy with you (and you'd have no damages, either).

      You'd possibly be able to sue for damages arising from the loss of your genuine accounts, but again, it would depend on the terms of the TOS.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    38. Re:Nuts by fuzzyfuzzyfungus · · Score: 2, Interesting

      IANAL, etc. but I've done a little amateur poking at the relevant laws(rented house turned out to have major plumbing issues that rendered it uninhabitable without repair, landlady wasn't interested in doing anything, I was a poor college student and really didn't feel like doing capital improvements for her). In any case, I learned that there are federal, state, and municipal laws that all apply to the situation. The federal stuff(that I saw, in any case) was fairly minimal, but state and municipal law had a fair bit to say on tenant/landlord stuff.

      Because of that, circumstances can differ pretty sharply depending on location. In my case(Chicago, IL) if you gave the landlord due notice of a serious problem, and they didn't respond in due time, you could fix it yourself and deduct the cost from your rent. You could be called upon to prove the legitimacy of the expense, but you were legally protected from any consequences for nonpayment of rent(since, in getting the problem that needed to be fixed fixed, you essentially did pay rent). That was a Chicago thing, though. Other cities may well differ. I would suspect that locations without any history of tenancy(newish suburban developments, say) probably don't have anything of that kind.

    39. Re:Nuts by mdwh2 · · Score: 1

      Indeed, and presumably AOL and other free web hosts are making money from adverts too.

    40. Re:Nuts by Anonymous Coward · · Score: 0

      FUCK YOU ASSHOLE

      I wish you a house fire

    41. Re:Nuts by jcr · · Score: 1

      the e-mail that people are actually "paying for" with Comcast is terrible.

      I wouldn't know. All I use comcast for is connectivity. My e-mail account is at mac.com

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    42. Re:Nuts by pxlmusic · · Score: 1

      i do hsi support for comcast, and our e-mail sucks ass.

      --
      "If for any reason you're not satisfied with our service, I hate you."
    43. Re:Nuts by TechForensics · · Score: 1

      Whether you pay for something or not, if someone has acted so that a reasonable person would be induced to rely on those actions, that person can recover damages for violation of the "reliance interest". Whether an ordinary person could reasonably trust to rely on the continuation of an online service would be for the jury to judge, based on the amount of work the online service encouraged people to invest.

      Yes, I am a lawyer, and as a matter of law these "evicted" people could probably tag AOL real good if they could find pro-bono counsel willing to certify a class action.

      Honestly, I am a card-carrying slashdotter, but I'm a human being too (despite my profession), and your comment and opinion are wrongheaded, callous and elitist.

      Shame on you. As much as on AOL. Any time anyone loses years of work it is a human tragedy. We should not permit such things. Hubert Humphrey once said that the moral measure of a society is how it treats the old, weak and helpless, among whose numbers we can place these "evicted". I suspect you know how use of the term was met despite your resort to a dictionary definition, throwing up a straw man to knock down.

      There will be legislation. In the meantime, I hope there will be lawsuits. I would suggest you re-think your position but I think the attitude your post betrays is way deeper than the intellectual.

      --
      Those are my principles, and if you don't like them... well, I have others.
    44. Re:Nuts by uniquegeek · · Score: 1

      Not only ad revenue, but bad publicity. Those costs are harder to measure.

      There is more than one reason to not choose the route they did, including financial ones. Companies do things only for the bottom line. It makes me wonder if
      a) things are so bad they really really couldn't sustain it (and the whole company is about to specatcularly implode)
      or
      b) some idiots in suits didn't think this through, or listen to the voice of reason. At all.

      Having known idiots in suits, I'm going with b).

    45. Re:Nuts by digitalunity · · Score: 1

      Oh shut up already. If you don't pay for it, you don't have a lot of room to bitch when the services don't meet your expectations.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    46. Re:Nuts by jrumney · · Score: 1

      In the UK, whether you pay rent is only relevant in the short term. Long term squatters have pretty much the same rights when it comes to eviction as someone who pays rent to a landlord. So if you let people squat in your property over a number of years, either through negligence or because you don't care until you want to knock the building down and do something with the land, then you lose your right to evict the occupiers without notice.

      But it is crazy to equate a free web service with the basic human need of a roof over your head.

    47. Re:Nuts by EdelFactor19 · · Score: 1

      and theres also no law that you wont get sued for being a dick :-) heck too many people in this country will sue you even if you arent one.

      --
      "Jazz isn't dead, it just smells funny" ~Frank Zappa
      EdelFactor
    48. Re:Nuts by Anonymous Coward · · Score: 0

      Most people used to start building websites with free web space for their first website. Has blogging killed off first time web designers then?

      How are people supposed to learn without free web space?

      Isn't it polite to give people warning if you are going to pull the plug on a server, even if it was for free? These people came to you in good faith.

      Gmail is provided as a free, as is, no warranty service, how many million of you would cry if that had the plug pulled? You'd think differently if it was your data.

      I wonder if all the free sites were pulled, how much information would be lost, especially from less experienced internet users. Sounds like the dark ages to me.

    49. Re:Nuts by shadowbearer · · Score: 1

        Anyone who doesn't keep backups of their email - whether it's google, yahoo, hotmail, or their local ISP deserves what they get. If it's important to you, you back it up.

        I sync all my email accounts to an outside hard drive (on my fileserver) every day, and burn a DVD every week. Yeah, there's going to be stuff in there I didn't want to back up. I can always delete it later. Storage space is cheap nowadays.

        Anyone who doesn't should turn in their geek card ;)

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    50. Re:Nuts by pxlmusic · · Score: 1

      that's not what i'm bitching about. i won't bitch about something i'm getting for free.

      never mind.

      --
      "If for any reason you're not satisfied with our service, I hate you."
    51. Re:Nuts by Anonymous Coward · · Score: 0

      If there is a contract between users and AOL that AOL will show ads and track user habits in return for providing free web hosting - then how is that contract affected by users adopting ad blockers and deleting tracker cookies? Can AOL sue for breach of contract?

    52. Re:Nuts by ThinkingInBinary · · Score: 1

      The only reason that 1&1 is "one of the biggest hosting companies in the world" is that, for many months, they ran ads in PC Magazine (and elsewhere, presumably) giving away a year of free webhosting. This likely accumulated many customers for them, who decided to stick with them. They gained customers by offering freebies, not good service.

    53. Re:Nuts by Jadecristal · · Score: 2, Insightful
      I'm not sure that it's that they're parasites, it's that like so many other people in the world, they don't want to *think*.

      Like a turkey drawn with a child's hand or a collection of snow globes collected from a life well-lived, these sites were hand-made, done by real people, with no agenda or business plan or knowledge, exactly, of how everything under the webservers worked.

      Now, the key part here is "no knowledge . . . of how everything under the webservers worked." They presume that it's someone else's problem when the content is gone, but they:

      1. Didn't back it up,
      2. Didn't know how to back it up,
      3. Didn't care to know how to back it up,
      4. Likely told themselves that despite paying nothing, they didn't need to think about it enough to know how to back it up, and that XYZ Corp. was responsible for that.

      They expected to receive value despite giving nothing, and then not to have to think at all about what could go wrong if that value were taken away, but instead, that they were entitled to it. ...and we wonder why we have problems.

    54. Re:Nuts by genner · · Score: 1

      i do hsi support for comcast, and our e-mail sucks ass.

      Their blacklist also sucks. Happy fun times for blackberry users. Didn't they also blacklist rackspaces nothworthy for a while and Nuvox accounts?

    55. Re:Nuts by wkcole · · Score: 2

      1&1 has a practice of suspending your account and removing all data without any notice. I was running a website hosted by them, and on said site we got into a discussion about phishing. 1&1 came to the conclusion that my site was actually being used for phishing and shut it down with absolutely zero notice. I didn't find out until I tried to login to my admin panel.

      And that is completely within the terms and conditions clearly linked from many (all?) of the pages on 1&1's site. Tose terms are the contract for service that they offer, and it clearly says that they can terminate service unilaterally without notice, review, or liability if they think a site is violating their usage rules. If one wants a different sort of service, one selects a different provider or negotiates a different set of terms from their norm.

      If one buys their service under those terms and expects anything better or fails to read the terms, one is a blithering idiot.

      1&1 is supposedly one of the biggest hosting companies in the world and I'm appalled at their actions.

      I can't imagine why. Did you have some contract with them other than the one they are currently offering?

      I was never able to receive any of my data, or even get any correspondence. I would say that's a pretty good definition of "eviction," and I will never do business with them again.

      Not having the bulk of your data backed up independently of their systems is either an indication that you didn't really value it very highly or that you're not very bright.

      Did you try dealing with the issue by asking them for an explanation and for a copy of your data? I have not dealt directly with 1and1, but I know from working with service provider policy enforcement operations that it is very rare for big providers to play "BOFH" in more than the most shallow fashion. The bulk of unilateral terminations a web hoster does are of customers who know they are living on borrowed time and don't bother trying to argue their innocence, so when they actually get someone who protests in any credible way, they usually roll over pretty easily.

    56. Re:Nuts by choseph · · Score: 1

      So? I pay for my LaunchCast service through Yahoo which has over 13000 of my ratings on songs/artists/albums now. I got an email in December saying they sold off their radio station, would no longer offer customized stations, and were shuttering it as of Feb 09. My three mails to their support (which they closed down before the announcement) asking for a simple dump of my data was met with form-letter replies about how lucky I am that they sold to a bigger company for 'my benefit' and how I'll still have all those great pre-set stations. LaunchCast was the only thing I've used and liked out of Yahoo -- teaches me to give them a chance. Now I hope they wither and die (yes, I already scraped their website for my ratings, but their poor site reliability meant I needed a huge number of delays and retries to do it)

    57. Re:Nuts by Malevolyn · · Score: 1
      The data wasn't worth any more than the time I'd put into web design (minimalist, so maybe 1 hour total over the course of a few months). The only thing of real value were other peoples' sites running on my account, which I never took responsibility for at all. But I did point out:

      ...or even get any correspondence.

      It's been so long now that I can't remember exactly how I finally found out why account was suspended. But if my fuzzy recollection is correct, all I received was a response to my initial e-mail, then nothing came of my follow ups. That was far worse than any data I'd lost. Essentially, it went as follows...

      Me: Why was my account closed?
      1&1: You were running a phishing site.
      Me: No I wasn't. We were discussing phishing techniques in a security-minded manner.
      *crickets*

      --
      Your ad here.
    58. Re:Nuts by hairyfeet · · Score: 1

      Actually I get maybe 3 spam emails a month from Yahoo. I get a lot more from GMail. The past couple of years Yahoo has really stepped up with their email and search IMHO, and with their "more" button in Yahoo search I find I can find what I am looking for a LOT quicker than with Google. But I have to agree with the whole "paying don't help with email" bit. I have an email account with my ISP (Cox Cable) and frankly the UI is terrible and it is just a royal PITA to use. And since many home users can't run ANY servers thanks to their TOS, and frankly who wants to run their own email server 24/7/365 just to get email?

      So like many I am at the mercy of Yahoo and GMail for my email accounts. I just hope that Yahoo doesn't get sold to MSFT because anyone who has dealt with their "Windows live search web 3.0" crap knows that MSFT can't design web apps for shit. If they take over Yahoo it will become one big bloated ad laden mess just like Hotmail and Windows Search was the last time I used it. Truly horrible. So for web hosting I would suggest buying your own space so you can "get what you pay for" but with email there really isn't a choice, at least for me. I haven't found any that come close to the ease of use and availability of Yahoo Mail. So all I can do is hope MSFT gets busy with Win7 and leaves Yahoo alone.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    59. Re:Nuts by Anonymous Coward · · Score: 0

      I agree- this is no more an "eviction" than a pickle is candy.

      Listen up, folks: If something is important to you, take steps to protect it. Life is uncertain and unfair. Get used to it. Don't rely on anyone or anything to save your data- if it means anything to you, you should be backing it up yourself.

    60. Re:Nuts by EdIII · · Score: 1

      Whether you pay for something or not, if someone has acted so that a reasonable person would be induced to rely on those actions, that person can recover damages for violation of the "reliance interest". Whether an ordinary person could reasonably trust to rely on the continuation of an online service would be for the jury to judge, based on the amount of work the online service encouraged people to invest.

      Yes, I am a lawyer, and as a matter of law these "evicted" people could probably tag AOL real good if they could find pro-bono counsel willing to certify a class action.

      No offense, but you must not be a very good lawyer. We both know (without looking too deeply into AOL right now) that there is a TOS governing the service being given to web hosting users for free. That TOS certainly spells out many contractual rights that AOL has in regards to this service that include indemnity, termination, acceptable use, etc. AOL probably did give some of these people notice, and the TOS probably spells out the duration of said notice.

      Do you think there is contract law regarding web hosting right now? I doubt it, and I would be oh-so-impressed if you pulled up any. Furthermore, we are both aware of the differences between contract law, rights granted by a contract, and rights granted by the state.

      I find any claims that there are "basic web hosting rights" highly dubious and and I willing to bet you do to. However, you don't need to be right to start a class action lawsuit. You just have to have a reasonable argument (not necessarily a correct one).

      Honestly, I am a card-carrying slashdotter, but I'm a human being too (despite my profession), and your comment and opinion are wrongheaded, callous and elitist.

      Wrongheaded? You mean I am obstinately perverse in judgment or opinion? That I am stubborn, lacking in reason, and willfully directed away from what is good and right? Wow. What a statement. You feel so strongly that I probably know I am wrong, but will stubbornly "stick to my guns" here since it allows me to have perverse enjoyment by furthering and/or causing an argument?

      Or in another words... you feel I deserve a +Troll modifier for my post.

      Callous? No. Nope. I empathize with some of the AOL users, but I don't feel that they are entitled to fundamental rights to web hosting, nor do I feel that AOL has violated anyone's rights with their actions. Keep in mind, I am responding TO THE ARTICLE. Specifically, the gentlemen that WROTE THAT ARTICLE. Did you click the link and read it?

      Elitist? LOL. Oh puhlezze. That's exactly what I am condemning. Elitism itself is a sense of entitlement which is everything I argue against in this post and others. It's a nice word to throw out to verbally attack someone, but my post clearly puts an unfavorable light on such behavior.

      Shame on you. As much as on AOL. Any time anyone loses years of work it is a human tragedy. We should not permit such things. Hubert Humphrey once said that the moral measure of a society is how it treats the old, weak and helpless, among whose numbers we can place these "evicted". I suspect you know how use of the term was met despite your resort to a dictionary definition, throwing up a straw man to knock down.

      My correct usage of the term eviction is not even remotely a "straw man" argument. Eviction does have to do with contracts, property, and a tenant residing at such property. These are incredibly relevant and accurate analogies to what is provided in a web hosting service.

      The fact I know what it is, and I make claims that AOL did NOT perform evictions is a worthy argument. I actually accuse you of the same "straw man" argument since throwing up the claim of a straw men is one of the easiest ways to defeat it without actually attacking the original argument itself.

      As for the Hubert Humphrey reference you are taking us into a philosophical di

    61. Re:Nuts by 1729 · · Score: 3, Informative

      In Wisconsin you are not allowed to evict a tenant between November and March (IIRC). The idea is that people can freeze to death without a home.

      This is a common belief, but it isn't actually true. See here:

      http://www.portagelawyers.com/pamphlets/landlord_tenant.asp#A8
      http://www.legis.state.wi.us/statutes/stat0704.pdf

    62. Re:Nuts by atraintocry · · Score: 1

      Ladies and gentlemen, I present to you: the asshole.

    63. Re:Nuts by db32 · · Score: 1

      Ironically enough it is the same thing that prevents donations of food to a variety of charities for fear of being held liable over any problems. Someone gets sick off the frozen pizza you donated...sucks to be you...happy fun lawsuit time. The protection vs entitlement thing is horribly broken. It blows my mind when people getting free shit bitch. In the case of the sick off of free/donated food...unless there is some proof that the donating party knew they were bad and would make people sick...fuck off. Yeah...you got sick...that sucks...but I think we all know what happens when you don't eat...a might bit worse than just getting sick for a few days. I believe 100% in strong consumer protection. I think it is the ONLY way to fix a wide variety of economic problems we face. However, this whole entitlement mentality is beyond me. The notion that they should be forced to mention a cutoff for a free service is pretty laughable and I would hope to $deity that any judge would throw them right out of the courtroom rather than waste my tax dollars listening to their whining. The flip side of strong consumer protection is that there should be 0, nada, zip, zero, ZILCH protection for consumer stupidity. Do your research, pay attention, protect your interests and you should have the force of law on your side. Whine like a little brat with a sense of entitlement...fuck off. Seriously...people deride the rich and famous and those little twats born with a silver spoon in their mouth for their sense of entitlement, their tendancy to act as if they are above the law, and then bitch and moan in situations like this. It disgusts me....hypocrits 100%.

      Just like the food example...this is EXACTLY the kind of moronic whining bullshit that prevents positive consumer treatment. When you as a business owner are forced to treat every customer as a potential liability it only fucks the legitimate businesses. When this kind of "moron protection" law happens it only hurts legitimate business. You run a business that legitimately endangers workers...yeah...you deserve to have your ass handed to you. You run an honest business and lose millions because some dumbass ignored the safety guidelines and lost their foot because they refused to wear protective gear... Well gee... I wonder why so many businesses are moving everything away from the US while continuing to just sell their products here.

      One end wants corporatism to reign supreme where people are nothing more than commodities to be traded, the other side takes an equally hardline and irrational stance about how businesses should operate. Ugh... When you have to be able to afford an army of lawyers just to do business...well guess what kiddies...of course only the major corrupt players with fist fulls of cash are going to play the game. For every honest business owner there are probably at LEAST 100 asshats with a sense of entitlement willing to take the lawsuit lottery challenge to make their millions rather than doing anything productive themselves.

      --
      The only change I can believe in is what I find in my couch cushions.
    64. Re:Nuts by dryeo · · Score: 1

      Here in BC I believe if it is the tenants fault, like not paying the rent, they get 30 days from when delivered notice. If it is the landlords fault, like selling the property, they get 60 days. Seems fair considering the severe shortage of renting around here.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    65. Re:Nuts by Baba+Ram+Dass · · Score: 1

      If AOL is providing a service for free, then you're correct. But if AOL is providing a service in exchange for showing you ads, or data-mining your surfing habits, then you are paying for the service and AOL is bound by the terms of the contract.

      That's ridiculous.

      I can listen to FM radio all day long for free, but I have to suffer through the sporadic commercials. So I guess by your logic the radio station should be required to notify me if they decide to drop a poorly-performing program.

      --
      Truckin like the Doo-Dah man...
    66. Re:Nuts by Anonymous Coward · · Score: 0

      then why is mine in constant hiding?

    67. Re:Nuts by TechForensics · · Score: 1

      I find any claims that there are "basic web hosting rights" highly dubious

      No one has said that there are. Just that there should be redress for leading others to rely on you and then deleting their work. Regarding terms of service, see my other post below.

      However, you don't need to be right to start a class action lawsuit. You just have to have a reasonable argument (not necessarily a correct one).

      Thank God for this. That's the good thing about law. If you have a reasonable argument, it may become a correct one. We can overturn, or establish new, precedent in the litigation of an unredressed wrong.

      Be honest. Don't you think AOL was wrong? Forget the terms of service; they aren't binding if a jury decides the victims were not aware of them. You do not legally subject yourself to pages of fine print without a legally binding signature. Even some signed contracts can be invalidated if the Court finds gross disparity of bargaining power.

      I'd like to have as a client one of the poor souls who lost a year's work. I think I'd find a jury who believed AOL had mistreated them.

      --
      Those are my principles, and if you don't like them... well, I have others.
    68. Re:Nuts by azenpunk · · Score: 1

      yes it does change the basic rights and it's silly to think otherwise. when you pay someone for a service you obligate them to continue the service for any periods you've paid for. it doesn't matter if the cost is $0.01 or $100.00.

      if you don't pay for a service then the provider has no obligation to continue providing it. the neighbor in the next apartment helps you take your trash out for free? you don't get to but him about being busy one night, or for moving away.

      so, sure you have a right for free hosting but your right is not anyone else's obligation. having a right to it only means that the government can't step in and prohibit free hosting, not that the folks providing it have to keep doing so or give you any notice if it changes or is going to change.

      everyone needs to remember this: your rights do not equal obligations for others. you have a right to anything for free, as long as you find it legitimately.

    69. Re:Nuts by TechForensics · · Score: 1

      For the life of me, I don't understand why AOL would not keep a tape or other offline backup of the deleted work even if they needed to reassign the servers that had been devoted. Pretty cheap compared to suit... even when you factor in the labor cost of responding to restore requests. So AOL must not have much concern about suits from any of the little guys. But one of the greatest services a lawyer can render the public is waking up monolithic corporate interests to a greater concern for the ordinary people they deal with.

      I'm going to go out on a limb here, but I'd be willing to bet that backups DO exist. It's the labor cost of all the restores AOL wants to avoid. I know DAMNED well if I were their corporate counsel I'd tell them they had better have backups just in case they deleted Thomas Macaulay's History of England or the like.

      --
      Those are my principles, and if you don't like them... well, I have others.
    70. Re:Nuts by Jens+Egon · · Score: 1

      The argument that there has to be some sort of socialist laws guarantying free and protected web space to the people is just nuts.

      "socialist"? Because you disagree or because you couldn't spell nazi?

      Anyone wonder why property investors avoid certain parts of the East Cost US like the plague? It's because they have those laws there that can keep a squatter in a place for 9 months WHILE THEY DON'T PAY A DIME TO THE LANDLORD. Meanwhile, the landlord is paying a mortgage, property taxes, insurance, maintenance, etc.

      Those people are parasites.

      Yeah, well, it's still polite to give notice and to let people have some little time to move their stuff.

      A year? Sure if bandwidth is really low. (According to TFA they got 15 days, sounds about fair to me.)

    71. Re:Nuts by Jens+Egon · · Score: 1

      Imagine that I go to my neighbor and tells her "I have this great idea for a [insert your own pet project here] 'grand model railroad' and can I use some of your land free of charge for the duration

      Sure, she can evict me later, but bulldozing my stuff without warning would probably be so rude and impolite as to be culpable.

      Not that this really applies, since notice was given. The question is rather whether that notice was adequate.

      I tend to think it was, but I then I failed my reading comprehension test on the second article

    72. Re:Nuts by mabhatter654 · · Score: 1

      at some point it is about the "oppressed and downtrodden". If you invite a bunch of people to store stuff and make a promise (even if not legally binding) to take care of things, in exchange for using that data for advertising/data mining purposes, you can't just pull the plug. With AOL, some of those services have been around for many years and started off as benefits to paying customers.

      It's not about the company's right to close the service down. But it is about the rights that data holders have to come in and clean out their stuff that has accumulated. When you maintain other people's stuff, you have to have a period of notice of intent, and a period after shutdown of clean-out time. If I rented out storage lockers I can't just empty out all the customers stuff to build myself a new house. In the case of email, photos, there's still an implicit promise to take care of the stuff, at least until people are notified I want to shut down.

      That doesn't go away because it's free... also the really large numbers of users push these services into the "public work" realm. When you service a hundred thousand or million people the rules change because "their" property is probably worth more collectively than "your" property doing the hosting.

    73. Re:Nuts by mabhatter654 · · Score: 1

      sustaining is different than making the data available though. In many of these large sites it would be nice if they would add a "shutdown" page simply to grab whatever your storing and send it back to you. If the site was email or photos they could allow the account access to download what only they posted one time, perhaps zip it into large chunks, then customers would have their data. There would be some bandwidth to do this, but if the shutdown was the only function allowed then things would move rather quickly. Especially when these services are owned by large companies that still keep other services going, it's childish to "pull the plug" without some sunset period.

    74. Re:Nuts by mabhatter654 · · Score: 1

      two issues, first online services are generally using your very access to generate some kind of revenue, so why you pay no dollars, you still perform searches and post data that they gain financial benefit from. Second, they have invited you to their servers and promised to store your stuff. In the real world if you promised to hold something in your garage for somebody you can't just toss it on cleanup day without contacting the owner in some fashion.

      In this case they invited people to use their servers as a free backup spot. The purpose was for backup.. to delete the data en masse without giving people reasonable notice and time to retrieve it is similar to asking somebody to store their stuff in your garage then putting it in your next garage sale without telling them first. In real space their are definite rules for accountability of other people's stuff.. even if you're holding it for free. Data has considerable value and those rules haven't been determined yet.

    75. Re:Nuts by mabhatter654 · · Score: 0

      this is more like the coat check or auto valet in a theatre. They do a service of holding your coat for a gratuity. If they suddenly ran off with ALL the coats, or decided to damage them people would go to jail, even though people "gave" the coats to them because the coats have value. One coat misplaced or damaged is not criminal, but purposefully damaging many would be.

      The online services are holding something that doesn't belong to them. They can hide behind contract legalese to a point but planned en masse things shutdowns that wipe out hundreds of thousands of people's data should have some protection for the owners of the data.

    76. Re:Nuts by mabhatter654 · · Score: 1

      this is like the coat check at the theatre taking all the coats... then burning them because they felt like it. Sure they store your coat for "free" so you don't have to take it in the theatre, but indemnity is different from knowingly doing damage. in this case AOL promised to hold people's data for when people wanted it. Like the coat check people, they can say you have 24 hours after the show ends to get your stuff or whatever, but they can't just trash it whenever they want. AOL can't decide on a whim to close the service and not allow the people keeping data one last chance to get it back.

      AOL CHOOSE to do this. Back to the coat room, indemnity doesn't apply when the usher lights your coat on fire in front of the manager. AOL promised to hold something valuable, even though they have indemnity they still can't knowingly wipe it out... that's entirely different.

    77. Re:Nuts by smoker2 · · Score: 1

      Not at all. The server only holds a COPY of the data, not the original, so it's the owners of the data that have responsibility for it. Only stupid people upload data to a remote site then delete the local copy.

    78. Re:Nuts by smoker2 · · Score: 1

      Enough with the coats already !

      The only way it would be a similar situation is if you had 2 identical coats and left one in the coat room so that other people could look at it. You do not lose your coat, you lose the copy - period

      This reminds me of a guy I hosted an ecommerce site for. He wanted to know why he (and I) had to pay a monthly rental for a server. He was under the impression that once the data was uploaded, that was it - it was "on the internet". Whether he thought it just zipped backwards and forwards over the phone lines never stopping or what, I don't know.

      I actually still have (somewhere) a copy of my first ever web page which I had placed on a geocities site back in the 90's. Maybe the title of this topic should be - Don't rely on free stuff to last forever. There is no eviction taking place, no-one is being thrown out. Nothing of value was lost, that wasn't already in existence somewhere else. Anybody who was slightly less than lame would have had their site uploaded to a new host within a day of the shutdown. Anybody who expected different from AOL had their head up their ass anyway.

    79. Re:Nuts by TechForensics · · Score: 1

      Anybody who was slightly less than lame would have had their site uploaded to a new host within a day of the shutdown. Anybody who expected different from AOL had their head up their ass anyway.

      Should society protect the lame? Is it possible some trusted AOL because they had faith and knew no better?

      --
      Those are my principles, and if you don't like them... well, I have others.
    80. Re:Nuts by AmiMoJo · · Score: 1

      The key point here is that if you offer something for free that a lot of people come to rely on, and then suddenly and without warning withdraw it then it's not a very nice thing to do. Legal, yes, but moral?

      The only reason these companies offer their services and products for free is because it benefits them in some way. It's free advertising, it makes their paid services more attractive (e.g. AOL broadband), it gives people a free taste of their paid services (e.g. Google Picasa's extra storage space) etc. The question is, in supplying a service for free do you then have some responsibility to the people who take it up?

      A capitalism would probably argue no. A socialist would probably argue yes. Either way, it doesn't do your image much good.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    81. Re:Nuts by wiz_80 · · Score: 1

      How about this solution? When the service shuts down, the user's website is replaced by a single link. This would operate much like password reminders, generating a one-time limited duration FTP (or whatever) account and sending it to the user's e-mail address. In order to prevent abuse, the account would also be unique. That is, for as long as one account was valid for a certain user, no more accounts could be created. Provision could also be made for DVDs (or whatever) to be sent to users, and for these to be requested by snail mail in case a user lost e-mail as well.

      Hosting companies send out warnings, and it seems that AOL did so in this case, but "your website will be shut off" can be ignored, or might be mistaken for spam. "Your website is gone, click here to retrieve its contents" gets a lot more attention.

      Companies might even set up to do this type of data escrow on behalf of AOL and their ilk.

      I am not so sure about requiring all this by law, but it seems like a good idea for a relatively small investment. Competition for customer satisfaction would drive other providers to adopt this if one did.

      As for those who argue that it's the users' fault for relying on their provider to stick around, how is that different from DRM?

      --
      " There is a rational explanation for everything. There is also an irrational one. "
    82. Re:Nuts by Kijori · · Score: 1

      Courts are very leery of making judgments on the value of the consideration (the price you pay) preferring to let contracting parties work out how much of what is worth the service or good contracted for, so I'm pretty confident that a judge would find that exposure to advertizing or data-mining would constitute sufficient consideration.

      I'm not sure that I agree with you there. While you're absolutely right that consideration "need not be adequate" - ie it can be worth very little - it must be "sufficient". This normally means, among other things, that there must be some quantifiable advantage to the party in receipt of the consideration - however small that advantage may be. This seems to leave any consideration based on the idea of looking at adverts on shaky ground; what is the value of a user looking at adverts? Does this promise in fact change anything - if the adverts are already in the product, the user is possibly promising nothing at all, since a promise to "allow the service provider to put ads on their product" is feeble at best!

    83. Re:Nuts by Anonymous Coward · · Score: 0

      Much of the talk has been about AOL, and much of that talk has been about people not paying for AOL.

      But AOL took down ALL the webpages of members and ALL the pictures of members. (granted they got another company to host the pictures if desired.) But they took dwon the paying members' webpages, too, and the paying members' pictures.

      So button up the "compensation" arguments, unless that's what you want to talk about.

    84. Re:Nuts by Anonymous Coward · · Score: 0

      You're doing it wrong.

    85. Re:Nuts by dubl-u · · Score: 1

      How about this solution? When the service shuts down, [...] limited duration FTP [...] DVDs [...] snail mail in case a user lost e-mail as well.

      Reasonable in theory, but you're ignoring three sets of psychological factors.

      One is that talking much about service shutdown will likely dissuade potential users, not encourage them. When people by the millions signed up for GMail, how many of them actually thought about what would happen when Google got tired of it or failed? A vanishingly small percentage, I'd bet, because part of the reason they trusted Google with their mail was that they didn't even consider the endgame.

      Two is that the only software that really works is software that gets cared about and used. If a company built something like this in advance, it would probably not work when the time came. Sure, it'd meet somebody's checklist. But they probably wouldn't have thought it through, because if they took the odds of shutdown seriously, they wouldn't have started the business in the first place.

      And that brings me to the third point: what a company feels like when it is shutting down. Because people have focused on avoiding it, they probably don't have enough cushion left to do a perfectly graceful shutdown. And even if they did, everything seems kinda pointless and incredibly hard, as if you were wearing an outfit made out of dental x-ray vests.

      Competition for customer satisfaction would drive other providers to adopt this if one did.

      I'd think it would be better to tie a service like this not to shutdown, but either to openness or to backups. Both of those are positive things that allow you to get your data out.

    86. Re:Nuts by Anonymous Coward · · Score: 0

      While I'm generally sympathetic to renters as well as users of Google (or other online services)...I don't see why one has anything to do with the other.

      If a landlord wants to stop maintaining an apartment, that doesn't mean the apartment stops existing. They could (and while they usually aren't, should) be required to allow the tenant to stay for the duration of the lease. It doesn't require any action on their part.

      In contrast, maintaining a web service requires active work on the part of the hosting service. If they simply "do nothing" (go bankrupt, want to stop paying electricity and data costs), the service vanishes. They may not be able to continue the service through any sort of grace period.

    87. Re:Nuts by EdIII · · Score: 1

      No one has said that there are.

      PLENTY of people in this thread have stated exactly that. I think you even implied it. I'll give you the benefit of the doubt and say we both agree now there are not currently basic and fundamental rights to web hosting services.

      Just that there should be redress for leading others to rely on you and then deleting their work.

      That is where a TOS comes into play as there is no misleading of anyone involved. Without a TOS, and with no consideration, I think you would at least agree that no reasonable person could expect any guarantees as to performance on a free service or the quality of a free product.

      Thank God for this. That's the good thing about law. If you have a reasonable argument, it may become a correct one. We can overturn, or establish new, precedent in the litigation of an unredressed wrong.

      A lawyer thanking God for that? Heh. Not surprising. I actually was not saying this a bad thing. I was just pointing out that just because you could start a lawsuit regarding this, it does not mean that you intrinsically had a correct argument or foundation to litigate. There are plenty of frivolous lawsuits out there, and I honestly feel that this one would be frivolous. I think the poor SOB that got coffee spilled on him at McDonald's had a better case than this.

      Be honest.

      Always. That's sage advice. If I was not being honest then that would meet the definition of Trolling pretty quickly. In some ways that is kind of offensive, even though I doubt you meant it maliciously. It just sounds good. However, one could read in between the lines and feel that you are saying that I really agree with your statement but obstinately choose not declare it. You did accuse me of being wrongheaded and callous, not to mention elitist, so it would not be without precedent.

      Don't you think AOL was wrong?

      I don't think they were wrong, as in culpable. It is highly likely that they acted within their TOS and attempted to give reasonable notice. Whether or not it is reasonable is understandably contentious, but notice was given nonetheless in most cases. If there was no agreement at all, then I still think they did nothing wrong. These websites were not free to AOL. They may have been making money through ad revenue (not likely with a low hit web site), data-mining (less likely as the value was probably less than the costs), or with opportunity to convert free to paid. The availability of the bandwidth must be paid for. The Data Centers must be paid for. The server must be paid for. There is a quantifiable cost associated with each one of those free websites. AOL was never obligated to keep those websites active or backed up forever until proper communication was established with the creator (user).

      Whether or not it was free with a TOS, or free with no TOS, it really is the same situation. AOL has the right, and correctly has the right, to terminate those services at will.

      The real question you have, and it is a very reasonable one, is whether or not any of those users truly understood their situation and the risks associated with a free service.

      Now I do feel AOL was wrong, as in they exhibited poor judgment. They were within their rights to do what they did, but it was not the wisest thing to do. Unless the costs associated with that website were significant enough to negatively impact their ability to continue business and operations (paying salaries, upgrading servers, etc.) they should of kept the websites active. If it all possible they should have at least re purposed some older hardware as a backup system to maintain those accounts offline while figuring out a way to make it cheaply available to those that asked.

      However, ALL of these solutions are not ones in which AOL was obligated to implement.

    88. Re:Nuts by slashtivus · · Score: 1

      OK, thanks for the good info. All I can say is that my landlord also followed the common belief as well, and put up with it. I think that the utilities shutoff in winter still holds (it is a CO-OP in northern Wisconsin)

    89. Re:Nuts by 1729 · · Score: 1

      Yeah, I think you're right about the utilities. A few years ago, Alliant Energy was trying to change the law to allow them to shut off non-paying customers who could -- according to some criteria -- afford to pay, but I don't know if the law was ever modified.

      (The only reason I know about the eviction rules is because my wife used to volunteer as a tenant advocate.)

    90. Re:Nuts by wiz_80 · · Score: 1

      These are all valid points. However, they mainly apply to companies that are actually shutting down, whereas in this case at least the situation is that the parent company is still extant and operational, but the service in question is being shut down.

      In this case the recovery service would be a guarantee that even if the provider got borged or ran out of money or simply changed their priorities, the users' data would still be available. This could of course also address your point about openness or backups, or in general other situations where people want to get data from service or platform A to B.

      Your second point, that testing would be required, is fair and valid, but that is why I suggested data-escrow services companies running this, rather than the providers themselves. This would avoid the providers reinventing expensive, not-quite-round versions of the wheel, and with any luck allow at least some sanity-testing of the various implementations.

      --
      " There is a rational explanation for everything. There is also an irrational one. "
    91. Re:Nuts by jdmetz · · Score: 1
      Definitely, and yet the GMail ToS clearly say:

      4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Googles sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services.

      4.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

    92. Re:Nuts by Anonymous Coward · · Score: 0

      the power company here in madison (MG&E) is not allowed to shut off your services between november and march, since you might freeze to death without heat. so they disconnect a lot of people in the last week of october to get them to pay up. this is true whether you rent or own.

    93. Re:Nuts by plague3106 · · Score: 1

      That's why I don't u se GMail. I have my own mail server.. but mail isn't directly delivered to it. A POP connection just downloads and deletes my mail just like Outlook would have.

    94. Re:Nuts by T.E.D. · · Score: 1

      2008 was the year that it was discovered that not paying for something does not equal getting it free

      You mean rediscovered. Those of us who were around in the 70's watching "free" broadcast TV and listening to "free" radio already knew this.

    95. Re:Nuts by MaxVT · · Score: 1

      I, for one, don't keep important mails on my GMail, immediately forwarding them to my "private" address. You should, too -- even if it's only for backup purposes.

  2. No, there shouldn't be by johannesg · · Score: 3, Insightful

    What is needed are clear terms of usage. If those state the owner of the free service can take the site down with no advance warning and without providing access to the data, they can do so. The site owner in turn can decide whether he wants to deal with such a free service or not.

    1. Re:No, there shouldn't be by Tubal-Cain · · Score: 2, Informative

      If those state the owner of the free service can take the site down with no advance warning and without providing access to the data, they can do so.

      I doubt AOL's lawyers would allow them to offer such a service without those conditions.

    2. Re:No, there shouldn't be by F�an�ro · · Score: 1

      What is needed are clear terms of usage.

      since noone reads those terms of usage anyway, and in case of a shutdown customer satisfaction is irrelevant, what incentive would providers have to offer anything above what is required by law?

    3. Re:No, there shouldn't be by Anonymous Coward · · Score: 1, Interesting

      I agree with you. This is a poor comparison to landlords. Housing is an essential part of what one needs to survive. Web hosting is not. If one needed web hosting to live, then it would make sense to mandate rules like giving ones tenants fair warning before removing them.

    4. Re:No, there shouldn't be by SirLurksAlot · · Score: 3, Informative

      What is needed are clear terms of usage.

      What in the world are you talking about? All of the sites in question have a nice link to AOL's TOS at the bottom of the page. Their TOS is fairly specific about what you can expect from the service (in this case pay attention to points 6, 17, and 18), which is absolutely squat if they say so. The services are free, what else would you expect?

      I agree that there are a lot of problems with the TOS for many services, but those problems usually don't stem from being unclear (most of the time), they stem from the fact that most TOS are downright draconian, spelled out to the letter and leave the consumer with negligible wiggle room.

      --
      God, schmod. I want my monkey man!
    5. Re:No, there shouldn't be by b4upoo · · Score: 1

      What is really needed is the idea that anyone causing harm faces potential disaster. It is not reasonable behavior to shut down a free service without notice. It is up to juries to decide if real harm was done and weigh that against why the shut down was sudden and without notice.

    6. Re:No, there shouldn't be by Wrath0fb0b · · Score: 1

      Whether or not they read the agreement is irrelevant, they agreed to it, they are bound by the terms.

    7. Re:No, there shouldn't be by F�an�ro · · Score: 1

      Which is why noone is discussing suing aol for damages in this case, instead the discussion is about changing the law.

    8. Re:No, there shouldn't be by wkcole · · Score: 1

      Which is why noone is discussing suing aol for damages in this case, instead the discussion is about changing the law.

      Because no one old enough (and mentally competent) to sue actually believes that AOL has done anything that they can be sued for.

  3. huh by Anonymous Coward · · Score: 0

    Required? No, AOL owns the service and can do what it wants with it
    Should they give a warning anyway? Yes, there is no adequate explanation I can think of why they shouldn't.

  4. Why is this even an issue by Rix · · Score: 5, Insightful

    You obviously have to have a local copy of your data at some point. Why are you deleting it?

    1. Re:Why is this even an issue by Anonymous Coward · · Score: 0

      Webmail?

    2. Re:Why is this even an issue by FrostDust · · Score: 1

      Unless you don't read the mail, it gets stored in your browser's cache, at least for a short while.

    3. Re:Why is this even an issue by Anonymous Coward · · Score: 0

      I was using TimeWarner's @Home and it recently disappeared without warning. What bothers me is the lack of notice. There isn't even a page saying it's gone. The URL just returns a blank page with a bunch of broken images and the title "Page Not Found". All links to the page are now worthless as is the Google ranking. With some warning, I could have forwarded stuff, etc. Sure, I can put the same content up some place else, but it's still a jerk move.

    4. Re:Why is this even an issue by zobier · · Score: 1

      Database of user generated content.
      Anyway you get what you pay for.

      What would be good is a standard backup protocol so you could point a compliant tool at x, y & z services that you subscribe to and it would grab a dump of your data.

      --
      Me lost me cookie at the disco.
    5. Re:Why is this even an issue by Anonymous Coward · · Score: 0

      Not necessarily -- I FTPed my entire site up with a telnet client and a stack of RFCs.

    6. Re:Why is this even an issue by coolsnowmen · · Score: 1

      I stopped using my previous free webmail and went to gmail specifically because they gave free pop3/imap, which allows for me to have a backup in a thunderbird account at home.

  5. You get what you pay for. by retech · · Score: 3, Interesting

    It's free, so how can anyone complain?

    1. Re:You get what you pay for. by Anonymous Coward · · Score: 0

      My question here is whether or not only AOL customers can use this service? If that is the case then it is not truely free beer, it is included as a paid for service with the account payments. This would be like renting an apartment that came with a refridgerator and then being told in the middle of your lease that you could no longer store your beer in their refridgerator after their superintendant comes in and removes it from the refridgerator while your at work and then removes the refridgerator. When you complain they tell you that you have nothing to complain about as the refridgerator was a "free service".

      Either way, no notice is rather atrocious customer service. Wonder how many soldiers in "war zones" have data there they thought would be safe while they were away from home?

    2. Re:You get what you pay for. by TheRealMindChild · · Score: 1

      Tell me that after you go to the free clinic and get a shot of botchalism.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    3. Re:You get what you pay for. by tftp · · Score: 1

      A free clinic in, say, Canada is paid by your taxes. In fact, doctors send their bills to the government - so the money is paid, and the service is not free. It's just prepaid by all citizens. If it's flawed then anyone who is affected can complain.

      On the other hand, if you go to a private person and he gives you a wrong treatment for free then, outside of regulations on medical practice, you can't do much. To make the case clearer (since doctors are heavily regulated,) if someone repairs your iPod for free and the repair is bad you can't do anything about it. You can sue the guy, of course, but chances are that his liability is limited by the money paid (zero.)

    4. Re:You get what you pay for. by Richard_at_work · · Score: 1

      The free clinic has a duty of care to you and your person - there can exist no suitable equal when it comes to a website.

    5. Re:You get what you pay for. by honkycat · · Score: 1

      There's an important difference between shutting down a service and willfully or negligently inflicting harm.

  6. Don't back up? Sucks to be you. by mcdonald.or · · Score: 4, Interesting

    Anyone who uses a free webhost and doesn't have a backup of the website is completely without my sympathy if the free webhoster decides to delete the site.

    If the site is important, spend the money for a hosted site, it will probably cost less per month than your internet connection. Besides, most ISPs give you a site with your connection.

    Even if you have paid for a site, you should have your own backup. At least one.

  7. Contract by evanbd · · Score: 2, Informative

    In the case of renters, we have legal protection because if you get evicted without notice you may find yourself temporarily homeless, and that is a *huge* problem. It has direct impacts on people that extend far beyond the simple financial costs of moving on short notice.

    On the other hand, getting your web site shut down really only has economic impacts that are in line with the cost of moving your web site. So, if those costs are large, you should have a service level agreement with your hosting provider. The one exception is all those old links to your web site. Requiring hosting providers to provide redirects to your new site seems minimally intrusive for all concerned, and solves the problem. However, I think the size of the problem is small relative to the cost of adding yet more random crud to our legal code. If your web presence is even marginally important, buy your own domain name and then if you get evicted set it up to point to your new host.

    And it goes without saying that you should have backups of your data. You should always have backups of your data.

    The correct response to these things is to make a big stink about it online, so people know who to avoid (and possibly shame the companies into handling the evictions better). It is emphatically not more nanny state regulations to protect ourselves from doing things that were stupid in the first place.

    1. Re:Contract by Belial6 · · Score: 2, Informative

      Of course, if it were not for the monopoly strangle hold that the telecom/cable companies have on last mile internet access, you could just buy a purpose dedicated box and host the darn thing yourself.

    2. Re:Contract by Anonymous Coward · · Score: 0

      If incoming links are important to you, you should get your own domain name.

      If you use your host's domain, it's you own fault when you eventually lose your address.

  8. See Journalspace by corsec67 · · Score: 2, Insightful

    You should be backing up everything that you don't want to lose anyways in case that the online service provider isn't backing stuff up.

    It doesn't even have to be malicious, Journalspace is a good example of people who didn't know what a backup was and lost a bunch of data.

    --
    If I have nothing to hide, don't search me
    1. Re:See Journalspace by yetijoe · · Score: 1

      This is especially true when you aren't paying for it! But even if you paying for a service you are ultimately responsible for backing up your own data - with a focus on the information that is critical.

      I am thinking about the small business that I run the IT department at. We use shared hosting and use paid online off site backup for our internal servers. I still make it a point to back up critical data daily and everything else at least once a week. Storage is cheep and it is not like there is not options. You can be reasonably safe anywhere from $80 for an external hard drive to your high end tier 6 or 7 disaster recovery solutions.

      Now do I feel sorry for these people - yes. Is AOL being a jerk - maybe. Should you back up your data - hell yes!

  9. Online account != Residence by cb_is_cool · · Score: 2, Insightful

    The basic reason for the notice requirement on evictions is that evictions tend to leave a person without a home. When getting cut off from online access to relatively unimportant content has the same devastating repercussions, I guess the same requirements will begin to apply.

    --
    cb_is_cool knows where his towel is.
  10. A Year? Hell. by DreadfulGrape · · Score: 1

    30 days seems reasonable to me.

    --
    sig has been sent away for a few small repairs...
  11. A Warning would be nice by prestomation · · Score: 1

    I think it would be nice(and not too much trouble) for free sites like this to let there users know some time in advance so they are prepared. The law certainly has no reason to be involved here.

    Now a pay service, that's completely different of course.

    1. Re:A Warning would be nice by Anonymous Coward · · Score: 0

      I think it would be nice (and not too much trouble) for people to learn the difference between "there" and "their".

  12. The value is equal to the price. by Anonymous Coward · · Score: 0

    How about a double your money back guarantee.

  13. 6 weeks isn't "little or no notice" by bcrowell · · Score: 4, Insightful

    Huh? As far as I can tell from the links, they gave about 6 weeks' notices for all these things. That seems to me like a very reasonable amount of advance notice, considering this is a free service. If users had a small amount of content, then they can just cut and paste it into a word processor to preserve it. If they had the world's most extensive blog, with hundreds of thousands of words scattered through thousands of posts, and six weeks isn't enough time to evacuate ... well, they shouldn't have entrusted such an important part of their life to a free service without making regular backups.

    1. Re:6 weeks isn't "little or no notice" by Larryish · · Score: 4, Informative

      If they had the world's most extensive blog, with hundreds of thousands of words scattered through thousands of posts, and six weeks isn't enough time to evacuate ...

      Such a person needs to archive their entire website.

      There is one such utility that comes to mind. It is called HTTrack and is freely available for a variety of platforms.

      From the site:

      HTTrack is a free (GPL, libre/free software) and easy-to-use offline browser utility.

      It allows you to download a World Wide Web site from the Internet to a local directory, building recursively all directories, getting HTML, images, and other files from the server to your computer. HTTrack arranges the original site's relative link-structure. Simply open a page of the "mirrored" website in your browser, and you can browse the site from link to link, as if you were viewing it online. HTTrack can also update an existing mirrored site, and resume interrupted downloads. HTTrack is fully configurable, and has an integrated help system.


      Been using it for years and it works VERY well.

  14. Internet Archive by antimatter15 · · Score: 2, Informative

    I'd like for web.archive.org to be more reliable.

    1. Re:Internet Archive by JazzLad · · Score: 1

      Seconded. I needed an index.html file to be uploaded to a sub-dir of a site of mine & was having trouble with my remote login, so I called my wife and had her ul it ... to the root, d'oh. My fault, but had the archive.org copy's code been better would have been easier to fix.

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    2. Re:Internet Archive by wkcole · · Score: 1

      I'd like for web.archive.org to be more reliable.

      If that's the truth, then surely you've been to the right place to get that done.

  15. why is this a problem? by thermian · · Score: 1

    Seriously, if your online presence is that important, its not as if it would cost much to get a paid for service.

    I use some free services, google project hosting, gmail, facebook, but there is not one thing I have in any of these services which is of any value that isn't backup up, in triplicate in most cases.

    I also have paid for hosting, doesn't cost much, and even the stuff I have there is backed up locally with again triple backups.

    The real issue here is being inconvenienced by a free service shutting down with little notice. Well, tough, there is no such thing as a free service which is guaranteed to last for ever.

    --
    A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
  16. Good warning by HalAtWork · · Score: 4, Insightful

    This is a good warning at a time when cloud computing is becoming a popular concept to both businesses and software developers. Businesses will hopefully make it a priority to invest in and expect cross-compatible solutions and keep local backups. Software developers will hopefully listen and make these options available, even though it may be in their interest to lock up that data.

    In addition, it will probably affect a lot of users who store important information or contacts lists or conversation histories that may need to be referred to daily by these individuals, and serve as a warning to them as to what can happen if they start to store a lot of important data that they cannot easily backup for use in applications that may not always be available.

  17. Backup Your Own Data by Anonymous Coward · · Score: 0

    We had a paid hosting provider who was supposed to be backing up our data. One day, with no warning or even notification, our hosting provider sold out to another hosting provider. During the process all our data was lost. We couldn't even get contact information for the new company. After much scrambling around, we finally got in touch with someone at the new company only to find out they didn't have any backups at all.

  18. Re:A Year? Hell. by Tubal-Cain · · Score: 2, Funny

    This is AOL we are talking about here. A month is barely enough time to recover the text of the website, much less the images.

  19. Of course by Paradise+Pete · · Score: 3, Funny

    Yes, absolutely. There should be a law against anything that might cause even the slightest inconvenience. Nothing bad should ever happen to anybody, and if it does, someone has to pay.

  20. Here we go again... by dkf · · Score: 5, Interesting

    In the computer room at my college, many years ago, there was the following sign:

    Rule 1: Always make a backup.
    Rule 2: Always make a backup. (This is a backup of Rule 1)

    Just because things are now on Web 2.0 services over the internet doesn't change the fundamental dictum. If you care about the data, it is you who needs backups. If you don't make backups, obviously you don't care (enough)...

    --
    "Little does he know, but there is no 'I' in 'Idiot'!"
    1. Re:Here we go again... by pondlife · · Score: 4, Interesting

      In the computer room at my college, many years ago, there was the following sign:

      Rule 1: Always make a backup.
      Rule 2: Always make a backup. (This is a backup of Rule 1)

      Just because things are now on Web 2.0 services over the internet doesn't change the fundamental dictum. If you care about the data, it is you who needs backups. If you don't make backups, obviously you don't care (enough)...

      What about Rule 0:

      Rule 0: the following rules apply only to techies, who are the only people capable of understanding even the basic issues involved

      Seriously, if you provide a consumer service of any kind, and you expect the consumers to do anything more than just use the service, you are seriously deluded. People - including, I suspect, many techies - will never do anything more than chat/download/email/surf/whatever.

      My bank doesn't tell me to back up my account details in case their internet service goes down, why should anything else be different? Yes, that's a rhetorical question, and of course you and I understand the difference, but why should anyone else?

      Anyway, the point is that this is not even a technical issue: it's a business one. How do you persuade people to start paying not only for "free" services (Facebook) but "worthless" invisible ones (a backup of your Facebook data)?

      If you can solve that, let us know. Until then, going on about backups is only preaching to the choir. Most of whom have probably had a nasty experience with things going wrong already... :-)

    2. Re:Here we go again... by Bill,+Shooter+of+Bul · · Score: 5, Funny
      Please tell me there was another sign in the laundry room reading

      Rule 3: Always make a backup ( This is an offsite backup of rule 1)

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    3. Re:Here we go again... by Ckwop · · Score: 1

      You forgot Rule 3.

      Rule 3: If you can't perform a backup with the a given service don't use that service.

      And it's at that point, you realise the "cloud" is vendor lock-in by another name.

    4. Re:Here we go again... by Wrath0fb0b · · Score: 1

      Seriously, if you provide a consumer service of any kind, and you expect the consumers to do anything more than just use the service, you are seriously deluded. People - including, I suspect, many techies - will never do anything more than chat/download/email/surf/whatever.

      No, I expect customers to lose their data if they haven't backed it up. If they want to purchase a backup solution, I will sell it to them. Otherwise, it's quite logical that it will be lost.

    5. Re:Here we go again... by Wrath0fb0b · · Score: 1

      This is totally OT, but i can't get my damn signature to work. This is a test.

    6. Re:Here we go again... by rohan972 · · Score: 1

      Seriously, if you provide a consumer service of any kind, and you expect the consumers to do anything more than just use the service, you are seriously deluded.

      To be fair, if you use a consumer service and expect the providers to do anything you haven't paid for and they haven't promised, you are seriously deluded. My short time in consumer computer sales demonstrated amply to me that people have unrealistic expectations, usually that the price of a computer included a training package on how to use it as well. This did not cause us to provide free training.

    7. Re:Here we go again... by compro01 · · Score: 1

      Signature works fine.

      As for the complaint in the sig, you may be interested in the G1 dev version.

      --
      upon the advice of my lawyer, i have no sig at this time
    8. Re:Here we go again... by Anonymous Coward · · Score: 0

      In the computer room at my college, many years ago, there was the following sign:

      Rule 1: Always make a backup.
      Rule 2: Always make a backup. (This is a backup of Rule 1)

      What about Rule 0:

      Rule 0: the following rules apply only to techies, who are the only people capable of understanding even the basic issues involved

      Only to techies? Bullshit.

      I'm sorry, but in the day and age where people walk around with gigabytes on their keychain like it's a fashion accessory, they should fucking learn the lesson of backups early on. It's up to them if they want to learn it the easy way or the hard way.

      I'm sick of coddling the "average consumer". I feel like the fucking coach in the movie Bull Durham. Tell your consumers/users to either wake the fuck up and learn the use hardware properly, or get rid of it.

    9. Re:Here we go again... by Gnavpot · · Score: 1

      Seriously, if you provide a consumer service of any kind, and you expect the consumers to do anything more than just use the service, you are seriously deluded. People - including, I suspect, many techies - will never do anything more than chat/download/email/surf/whatever./blockquote

      The technical problems in backup may not be a consumer problem.

      However, the keeping-control-of-your-collected-data problems certainly are.

      These problems will be an important consumer issue in the future as online services grow, so consumers will have to know how to handle them. Consumers who choose to store their data in an online service will need to find answers for questions like these:

      1. Will it be technically and practically possible for me to extract my data and move them to another service or move them home if I no longer want to use the service?

      2. Will it be technically and practically possible for me to keep a local mirror of my data?

      3. As 1 and 2, but s/technically\ and\ practically/legally/ .

    10. Re:Here we go again... by Gnavpot · · Score: 1

      Seriously, if you provide a consumer service of any kind, and you expect the consumers to do anything more than just use the service, you are seriously deluded. People - including, I suspect, many techies - will never do anything more than chat/download/email/surf/whatever./

      I messed up my first attempt, so here we go again:

      The technical problems in backup may not be a consumer problem.

      However, the keeping-control-of-your-collected-data problems certainly are.

      These problems will be an important consumer issue in the future as online services grow, so consumers will have to know how to handle them. Consumers who choose to store their data in an online service will need to find answers for questions like these:

      1. Will it be technically and practically possible for me to extract my data and move them to another service or move them home if I no longer want to use the service?

      2. Will it be technically and practically possible for me to keep a local mirror of my data?

      3. As 1 and 2, but s/technically\ and\ practically/legally/ .

    11. Re:Here we go again... by wkcole · · Score: 1

      My bank doesn't tell me to back up my account details in case their internet service goes down,

      Absolutely true. Anyone who needs to actually be reminded by their bank that they should keep independent copies of their statements and an independent record of their transactions is someone who needs to have a competent adult acting as their legal guardian.

      why should anything else be different?

      I don't know that I'd go quite so far... People have been using banks for generations, mostly with no computers involved at all, so the fact that one should have a way to check their work is pretty deeply embedded in the culture. Reliance on Internet services is quite new, so people do need to be told that they need to take steps to assure their own security.

  21. In fairness to AOL... by Jamamala · · Score: 2, Interesting

    I've had about 4 reminder emails over the past 6 months telling me that AOL pictures will be closing, even though I don't use it - I just happen to have AOL as my ISP (or used to, until they sold everything to Carphone Warehouse / TalkTalk..)

    So in that particular case, I got quite a good "eviction" notice in plenty of time, even though I don't occupy the building!

    1. Re:In fairness to AOL... by Anonymous Coward · · Score: 0

      That explains it. You're on AOL. Your spam filter wasn't working.

    2. Re:In fairness to AOL... by mikael · · Score: 1

      Another family member had an AOL account that he used while working across the world - he needed a permanent E-mail address that he could access anywhere in the world. AOL suited him fine as there was always a dial-up modem pool.Plus the fact that he only needed to pay around $10 per month to do this.

      Well, at least until AOL decided to abandon their modem pool service. So he came home and suddenly found out that he couldn't read his E-mail. It was twoweeks until he was able to get a non-AOL broadband connection installed. It's really going to please him to find out that free E-mail service might just disappear as well.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  22. What AOL is... by jcwren · · Score: 4, Funny

    ...is the public housing project of the internet.

  23. Provide free psychoanalysis? by IainMSB · · Score: 1

    Some people (not me, you understand) might suggest that anyone who:
    (a) knows what they are doing in IT, and
    (b) has invested intellectual capital and some data in setting up services on a free web medium with no contractual obligations on either side, and
    (c) who has *not* backed up their site/data

    - needs their head examining.

    1. Re:Provide free psychoanalysis? by fuzzyfuzzyfungus · · Score: 1

      In this case, I'm pretty sure that part(a) doesn't apply. These were AOL users, after all. Most of the posts in TFA were of the "heartfelt but clueless" variety. Now, AOL gave 6 weeks of notice in this case, which seems reasonable enough to me, and I'd shudder to think of a law mandating something to make sure that this Never Happens Again(tm); but occurrences of this type are going to be an ongoing issue.

      People who know basically nothing about computers are investing serious effort in putting their lives online. A lot of them are going to get burned. It would be nice to figure out a way of mitigating that.

  24. FF extension to save submitted forms? by internewt · · Score: 2, Interesting

    Something that could help mitigate the consequences of things like this in future is something that I have been looking for for quite a while now.... a FF extension that will automatically save all the contents of all submitted forms.

    FF already (mainly annoyingly) saves some of what gets entered into forms, but it won't save this rant, for instance. It'll save every possible typo varient of an email address that you might enter, and offer you the typos until the end of time, but the content you might want again in the future? Oh no.

    Has anyone seen an extension like this? Or know of an extension that may have this feaure?

    --
    Car analogies break down.
    1. Re:FF extension to save submitted forms? by Anonymous Coward · · Score: 0

      There's one called Lazarus I think. Never tried it, but that's pretty much what it's supposed to do.

    2. Re:FF extension to save submitted forms? by evanbd · · Score: 2, Informative

      Start typing. See suggestion list appear. Press down arrow to select typo. Press delete. You'll never see the typo again.

      Now, why that isn't explained anywhere in any documentation I can find, I don't know. But it's there, and it works, and it's handy.

      You might also like to try out It's All Text! which lets you edit text boxes with your favorite editor. Local copes are then just a :w ~/foo/bar.txt away. Not automatic, but I use it when writing something long.

    3. Re:FF extension to save submitted forms? by EvanED · · Score: 1

      Just FYI, the delete trick works for the URL bar suggestions too... so if you visit pennyarcade.com instead of penny-arcade.com a couple times by accident, it won't sit at the top of the list when you type "pen."

  25. Get outa my house! And leave your potatoes. by Anonymous Coward · · Score: 0

    If I invite you as a guest into my house, I can kick you out whenever I want. I don't have to give you 2 weeks notice. I don't have to give back the damn mashed potato sculptures you made at my house. You used my space and my mashed potato mix to make them. You used my front lawn to advertise them. You invited other people into my house to view them. I don't care that your _skills_ are in the potatoes. I said 'fine' at the time, and yes, I'm being a dick about it now, but it's _my_ goddamn house. Now get out. I'm hungry.

  26. If you paid for it in any way, yes by MikeRT · · Score: 1

    If you get hosting through your ISP, you should be at least offered to have a DVD of your data mailed to you for a fee, or have a week or two to download everything. Otherwise, they owe you nothing since you never invested any money into the relationship.

  27. It would be _nice_ if AOL tried to warn by Anonymous Coward · · Score: 0

    when a freebie web account is facing an impending shutdown for reasons other than abuse. This could be something like a banner stuck on each page of the site with a countdown in days on it, as well as an email generated to whatever the email of record is. But AOL has the right to manage its resources in whatever manner it wants. Often if the site isn't too long gone, content can be retrieved via the Wayback Machine.

  28. you must pay the rent by Anonymous Coward · · Score: 0

    "Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we." GWBâ" Aug. 5, 2004, at the signing ceremony for a defense spending bill.

  29. AOL web space was NOT free by careysb · · Score: 2, Informative

    I paid for it as part of my contract with AOL. Push has come to shove. See you later AOL.

    1. Re:AOL web space was NOT free by pHus10n · · Score: 1

      My god, people still use AOL? *offers comfort*

      There, there. In time, you'll be able to put this behind you.

    2. Re:AOL web space was NOT free by Anonymous Coward · · Score: 0

      Actually, the service is still free unless you EXPLICITLY pay them for web hosting. What they do/did was the same thing as any other ISP, they bill you for your internet connection. Anything else is simply a "perk" of having the connection. This would include email service, hosting, self help websites, tech support (Yeah, tech support) and the like. Interestingly enough, if you dig into your contract with AOL, I bet you would find a clause that dictates that as long as your connection works (As in they can see your connection as being live and active in working order) they technically don't have to do a thing (Residential connections). Of course, with a business connection it is a different story, but guess what... you pay for that.

  30. RTFP == Read the Fine Print by Anonymous Coward · · Score: 0

    Read the fine print people. It's provided AS-IS, WITHOUT WARRANTY, and NO FITNESS FOR A PARTICULAR PURPOSE.

    Basically, if it's "FREE", they provide it at their pleasure, and can remove it at same.

    IF you pay for it, read the fine print AGAIN, it's basically the same as above.

    If you value you data or web stuff [and face it, most web stuff is 100% crap], BACK IT UP.

    I can't wait for cloud services. clueless people putting all their stuff online, paying 'small monthly fees' and thinking that gets them 99.999% availability and backups.

  31. Remember MP3.com? by mcrbids · · Score: 5, Insightful

    I remember MP3.com around the year 2000, when it was actually cool. Indie bands could post their music in any of zillions of genres, and you could listen with a click. I fell in love with one particular genre, the New Age genre, which consists of lots of trance tracks. But when MP3.com started down the "we host your CD library for you!" I knew that the game was about up and that they were about to be sued into oblivion (which happened), and wrote a bash/wget script to download everything I could of the MP3s. I still have this collection of MP3s today, almost 10 years later. In fact, I'm listening to it right now.

    Aren't backups great?

    If you care, take a look at the SLA. And if it's free, don't cry about not getting what you didn't pay for in the first place.

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
    1. Re:Remember MP3.com? by Anonymous Coward · · Score: 0

      Yes, too bad about mp3.com, and strangely, lala.com now does essentially the same thing in terms of streaming your own music with the industry's blessing.

    2. Re:Remember MP3.com? by Anonymous Coward · · Score: 0

      Speaking as a former MP3.com artist who resents having his music destroyed...

      Please release that backup on The Pirate Bay. It may be the last copy of quite a bit of it, and we'd like to have it back after the majors trashed the archive. Thanks.

    3. Re:Remember MP3.com? by coolsnowmen · · Score: 1

      How appropriate to this article,
          If you really are an artist, who left his sole digital copy of his/her own music to the protection of mp3.com, then I'm sorry for your loss, but you are an idiot.

  32. Re:A Year? Hell. by Anonymous Coward · · Score: 0

    I'd agree that a year is pushing it to the extreme. It'd be nice to get 2 weeks to a month of ahead notice. And that's usually all anyone would need in regards to a web site. (Unless it's ridiculously huge, however the majority of the free ones are on the fairly small side.)

    And it's not just convienient notice for making backups of a site if you haven't done so already (which some people think it is), but also so you can provide timely info about the shutdown to your site's visitors. If you're site is relocating, it's good to have some time to get the word out so your audience knows where to go next. Besides you want them to go to your site, not some domain squatter B.S. or a false lead redirect that tries to fool people.

  33. Paid for by advertising by Jessified · · Score: 1

    Maybe they didn't pay directly, but the users are paying by having AOL advertising on their webpages. It's not like AOL was offering this service out of the kindness of their hearts. The users are paying for hosting by driving traffic to AOL's services, and with that in mind, they are just as much paying customers as those who pay with cash. Maybe AOL won't be legally responsible, but they will likely pay for it in traffic and reputation. The thing with free services is that there is nothing stopping users from moving else where.

  34. As someone who owns some servers... by davmoo · · Score: 4, Insightful

    I own a few servers, and both sell hosting to paying customers, and give free hosting to some friends.

    I try to always keep everyone informed on what's going on. Last time I upgraded one server to a newer model, I gave everyone on that server 4 months notice and kept the old server running for 2 more months after the new server was up and in regular service. And I keep meticulous daily backups, and have been known to mail DVDs of their own data to those who ask for them, even for those who host on my servers for free.

    But on a free service, people, you don't have "rights" to "demand" jack shit. If you don't like my terms for free hosting, then shuffle your cheap ass off to another host. Web hosting is one of those services where you get what you pay for. If you want guarantees and a formal policy, then you're going to give me some of those little American government generated pictures of dead presidents in return.

    It never ceases to amaze me how people with no financial investment or payments at stake are so readily willing to tell equipment owners what to do. And because of them, I'm just as readily willing to tell freeloaders to kiss my web hosting ass.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:As someone who owns some servers... by Anonymous Coward · · Score: 0

      reliance. you need to give them notice because they relied on the free service i.e. reduced their budgets, redirected their capital etc.
      if you shove them out the door, they might have recourse in court. check with your local well dressed law provider.
      IAAL, but the content of this posting on this anonymous message board does not constitute representation or legal advice and is solely for information only.

    2. Re:As someone who owns some servers... by icepick72 · · Score: 1

      But on a free service, people, you don't have "rights" to "demand" jack shit. If you don't like my terms for free hosting, then shuffle your cheap ass off to another host

      As soon as the hosting company makes the decision to take on user data (free or not) it implicitly assumes the responsibility to take care of the data (unless terms state otherwise) because it has decided to host the data. Legally, it's not only about money once the decision is made to accept user data. Data is the most important thing and the reason why computers exist. (i.e. Let my laptop be destroyed as long as I can have my files transferred to a different one). However if you're terms state you can instantly remove the data from the user or destroy it then so be it because the user has agreed beforehand.

    3. Re:As someone who owns some servers... by Anonymous Coward · · Score: 0

      I've reduced my legal budget and relied on pro bono advice from Slashdot. Presto, they're obliged to keep facilitating it.

  35. Useless by Anonymous Coward · · Score: 0

    Hard drive crashes are unannounced, so any company can simply have one of those in lieu of providing access to data for a year.

  36. Depends on whether you've paid or not by Todd+Knarr · · Score: 2, Insightful

    IMO it depends on whether you're paying and have a contract or not. If you're not paying (in cash or in some other form), then the host should be entitled to terminate without warning. They should be required to provide a way for you to back up your content, but if you haven't been using it they shouldn't be obliged to do anything. You get what you pay for.

    If you are paying, then at least 30 days' warning should be required and the host should be obliged to provide some way for you to transfer your data off. If they're taking money, they don't get to simply disregard their customers. A caveat to that should be that if there's a written contract then the terms of that contract should apply. If the contract lets the host terminate with no warning and no opportunity for you to recover your data, and you were dumb enough to sign it, then you should suffer the consequences. If there wasn't a written, signed contract (eg. all there was was the host's standard ToS that you didn't have to explicitly sign), then minimum requirements should apply regardless.

  37. Free Services? by nurb432 · · Score: 2, Insightful

    Give me a break. if you want some sort of TOS, buy an account.

    --
    ---- Booth was a patriot ----
    1. Re:Free Services? by LostCluster · · Score: 1

      Free services come with TOS... I think you want QOS.

    2. Re:Free Services? by nurb432 · · Score: 1

      Ya, a typo.

      --
      ---- Booth was a patriot ----
  38. What renters rights are in other cities/states by nbauman · · Score: 4, Informative

    In New York City, the tenants' rights are pretty strong. It's almost impossible for a landlord to evict a tenant who pays the rent, and it takes 6 months to evict a tenant who doesn't pay the rent. My landlord has to renew my yearly lease, at an increase regulated by law. After living here several years, I'm paying about half as much as the people who are now moving in paying what we call "market rent."

    That's because (1) There are more tenants in New York City than landlords (2) We had a long tradition of socialist movements in New York City that taught people how to organize into tenants' organizations and demand that our City Council pass strong laws protecting tenants. The strongest, most aggressive organization was the Metropolitan Council on Housing, whose leader, Esther Rand, openly supported the Communist Party (Lenin never liked landlords). For all their faults, those Communists knew how to organize people.

    Surprisingly (for those of you who believe in the free market) it works pretty well. The landlords are still getting rich (some of them very rich). There's lots of new housing being built. And a lot of people are able to live in New York City who could never have afforded to live here otherwise. There were some houses abandoned during the economic downturn of the 80s, but that seemed to affect both rent-controlled and uncontrolled housing equally, and it happened in cities without rent control too.

    In contrast, Boston had a rent control law, but a few years ago they voted it out. The last I heard, the rents have gone up, it was much harder to get an apartment in Boston, there's no building boom in affordable housing, and from a tenant's POV they're worse off than they used to be. But I'd be interested in first-hand information.

    I personally don't think rent control is the ideal solution. I think people who can't afford market-rate rents should be able to live in public housing projects (which also work better than you'd think), and landlords should be allowed to get as rich they want (provided they don't do it at my expense). But rent control was part of a grand bargain that the landlords in New York City struck with the tenants' organizations.

    I think the lesson is that tenants can get a much better housing market, with more affordable rents, if they organize and pass laws that benefit them, than they would if they leave it to the free market. If you want to learn how to organize, do a Google search for an MP3 of Pete Seeger's song, "Talking Union." Or search for "Howard Zinn".

    1. Re:What renters rights are in other cities/states by jcr · · Score: 2, Interesting

      The rental market in NYC is one of the most expensive in the world. Your rent control laws create strong disincentives to the owners to maintain the buildings, and drives conversion of rental units to condos. Because of the rent control, renters hang onto apartments even if they've moved out of the city, which restricts the supply and drives up the prices for anyone shopping for an apartment.

      You may benefit from robbing your landlord, and you may believe that you're entitled to do so, but don't forget that you're also fucking over everyone else who might want an aparment in NYC.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:What renters rights are in other cities/states by PopeRatzo · · Score: 1

      (1) There are more tenants in New York City than landlords

      Can you tell me in which cities this is not the case?

      --
      You are welcome on my lawn.
    3. Re:What renters rights are in other cities/states by digitig · · Score: 4, Insightful

      And yet, very similar rent control laws here in the UK give us a spread of very expensive rentals (where property prices are high anyway) to relatively cheap rentals (where property prices are low anyway). Which suggests that the difference isn't because of rent control laws. So the rental market in NYC is expensive? How about if I wanted to purchase a place in NYC? Would that be nice and cheap?

      --
      Quidnam Latine loqui modo coepi?
    4. Re:What renters rights are in other cities/states by drinkypoo · · Score: 1

      Can you tell me in which cities this is not the case?

      No, but Wikipedia can provide you some idea. Anywhere homeownership is particularly high, I'd bet there's a good chance that more landlords than tenants live there. I'm not sure just how you'd go about finding out, at least not without spending a lot of money on semi-public searches.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:What renters rights are in other cities/states by jcr · · Score: 1

      How about if I wanted to purchase a place in NYC? Would that be nice and cheap?

      Not yet, but give it a year or two. The real estate bubble is collapsing.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    6. Re:What renters rights are in other cities/states by ShooterNeo · · Score: 4, Interesting

      I remember the reason for this from economics class. Essentially, when you set a price ceiling on something that is above the equilibrium price for supply and demand, you have no effect on the market equilibrium.

            What rent control DOES do in this case is prevent speculation and rapidly ratcheting up rates. If the price ceiling is slightly above the LONG term equilibrium for rents, it prevents short term speculation and economic manipulation (such as a period of easy credit) from artificially inflating rents and creating a bubble.

      How would you do this? Do competent asset analysis, factoring in the incomes and true value of a rental property. Come up with a reasonable 'formula' for a rent control ceiling based on this property value. Set the rent control rate to automatically INCREASE at 1% above the rate of inflation every year.

            Do this competently, and you have put a governor on the free market engine, not blocked it.

    7. Re:What renters rights are in other cities/states by rossz · · Score: 4, Interesting

      In Santa Monica, California (affectionately known as Soviet Monica) the rent control laws were so strict that landlords couldn't charge enough to break even. This resulted in a black market where you had to pay a huge bribe up front to get an apartment or rental house. Santa Monica was a favored place for well off young couples to live for about five years so they could save up a down payment for their own house.

      This wasn't the worst of it. My mom's boss bought a small house in Santa Monica with the intention of living in it. It was pretty run down so needed a lot of work to make it livable. The rent control board decided that since the house had previously been rented, it would remain a rental unit even though no one had lived in it for several years! He had to hire lawyers and sue Santa Monica just for the right to live in his own hose. In the meantime, they wouldn't issue him the permits needed to repair the building.

      I'm fairly certain they've changed the rental laws there by now, but I haven't lived in that area for over 10 years so I'm not positive.

      --
      -- Will program for bandwidth
    8. Re:What renters rights are in other cities/states by Anonymous Coward · · Score: 0

      your first point (disincentive to maintain building) is stronger than you could possibly believe -- it is the reason slum housing exists, period. If owners are not allowed to ask for even $50 more per month for doing some work on the apartment, they won't do anything, at all, ever -- even if they have something in their hand and are about to throw it out, but they could add immense value to one of their apartments by just making a call, taking a half-hour trip to the apartment, and taking five minutes to install the thing. Plumbing, heating, xyz problems? if I owned ten rent-controlled apartments in New York, I'd make myself so scarce the renters wondered if I was dead. And if that doesn't work for legal reasons, I'd stop renting. Why should I volunteer my time and money (yes, plumbing, heating, electrical work all is expensive) so ten yuppies can live and work in New York City?

      disclaimer: all this is speculation; I have never owned or rented any property.

    9. Re:What renters rights are in other cities/states by FLEB · · Score: 1

      Could he just rent it to himself? (Although I imagine that would still end up with multiple-dipping losses due to taxes.)

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    10. Re:What renters rights are in other cities/states by Anonymous Coward · · Score: 0

      blabs the conservatroll who has never lived in NYC

    11. Re:What renters rights are in other cities/states by Lehk228 · · Score: 1

      I see, the free market works so well that all it takes for a hard working middle class family to afford property is wholesale economic collapse.

      --
      Snowden and Manning are heroes.
    12. Re:What renters rights are in other cities/states by Lehk228 · · Score: 1

      so Schenectady NY with no rent control won't have any slumlords amirite?

      enjoy your fantasy world, randroid

      --
      Snowden and Manning are heroes.
    13. Re:What renters rights are in other cities/states by Anonymous Coward · · Score: 0

      Look at it from the landlord's perspective. If you can't increase the value of the property (increase rents) then you should not put any money into it. Rent control causes the landlord/tenant problems. You're stuck because of rent control (you can't afford to leave) and they're rewarded greatly for fucking you, because then they can increase the rents. You get what you pay for, and if you punish the landlord, you'll get burned.

    14. Re:What renters rights are in other cities/states by StopKoolaidPoliticsT · · Score: 1

      and let us not forget back in 1998 or so, when the state was set to pass its first on-time budget in almost 20 years... then Sheldon Silver and his cadre of NYC assemblymen blocked it, holding the state hostage until we would re-authorize rent control for NYC, costing the state tens of millions of dollars, throwing school budgets out of whack, etc in the process.

      I'm sick of living in a state where one city controls millions of people that live outside it that the city residents could care less about. For years, NYC has decimated the economy of the rest of the state, not caring because it still had Wall Street to support NYC and Albany. Now that the financial sector has tanked, here they are again trying to suck out what little life is left upstate with 137 new taxes and tax increases while refusing to cut the budget (it's still a larger budget than last year).

      Some of us are organizing to free upstate, seceding it from New York and creating a new state separate from the Albany-Hudson-NYC-Long Island corridor. Politically, demographically, and economically, the two halves of the state have nothing in common with each other. It's time that western NY establish representation for itself since no state-wide government officers have come from our region in decades. NY is controlled by three men, the Governor (gotta go back at least 80 years to find a Governor from outside the seat of power), the lifetime Leader of the Assembly (Sheldon Silver of NYC), and the Leader of the Senate (while it has changed, it hasn't been someone from outside the Albany-NYC region in decades).

      --
      Stop Koolaid Politics
    15. Re:What renters rights are in other cities/states by jcr · · Score: 1

      That's a clever quip, but the real estate market in NYC is hardly a free market.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    16. Re:What renters rights are in other cities/states by Anonymous Coward · · Score: 0

      Anywhere homeownership is particularly high, I'd bet there's a good chance that more landlords than tenants live there.

      You gotta be kidding. Think for a minute. Homeowners are not automatically landlords.

      For every rental property or apartment, there must be at least one landlord (the owner) and at least one tenant (the renter).

      Now, how many tenants rent more than once at the same time? Almost none. In fact, you often have many people sharing a rental (roommates or a family).

      How many landlords own more than one rental property or apartment? Many.

      So, the number of landlords is always going to be less than the number of tenants (unless you have a huge number of vacant apartments).

    17. Re:What renters rights are in other cities/states by jcr · · Score: 1

      Two mistakes, AC: I'm a libertarian, not a conservative, and I've lived in NYC twice. I lived in the village the first time, and on the upper east side the second time.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  39. Re:Get outa my house! And leave your potatoes. by Qzukk · · Score: 1

    I don't have to give back the damn mashed potato sculptures

    But... this means something!

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  40. breaking the spooks code as well ? by sjwest · · Score: 1

    Im sure aol is not the worst offender out there yahoo comes to mind but with data retention laws surely are not the dhs/m15/nsa upset at losing all those records ?

  41. Ask for a refund by TheZed · · Score: 2, Funny

    If you kick up a big enough stink, I'm sure they'll refund the purchase price... heck, they may even double it in this case!

  42. TFA says they did pay by sisina · · Score: 1

    The linked blog post points out that AOL Hometown was provided as part of people's monthly AOL charges. If that's true, this is more like .Mac shutting down in 10 years, after most people have lost interest, sending official notice to people's ancient email addresses, and giving them four weeks to get their data before they pull the plug. If you've accepted money for hosting data you have a lot bigger obligation to your clients. I've hesitated to add premium services to recipething.com for just that reason -- I don't want to mislead people into expecting more of the site than I'm able to provide.

  43. Not the same thing by Anonymous Coward · · Score: 0

    You can't make a copy of your house and keep it somewhere else.

    Backup your data and you should never lose more than a day or so, even if your provider disappears off the face of the earth with no warning.

  44. Re:Payment by other means by TaoPhoenix · · Score: 1

    From what I remember of business law 10 years ago:

    Offer, Acceptance, Consideration.

    Host Offers service, you Accept, and your consideration is to abide by the terms *they* set specifically because it is a form of giving up certain legal rights *as payment* to use their service. Typical is "no foreign language sites". They're too lazy to translate sites for policing purposes, so they make it a TermOfService, which you agree to for their sake.

    Unfortunately, companies are learning that "free as in beer" can be an excuse to slide out of commitments. I dabble with free hosts and have solid backups, and two mirrors at any one time, so I really *expect* them to fail and operate on that premise.

    But despite some (good) advice here, I have managed to avoid backing up my Yahoo Mail and I would REALLY be upset if they croaked. That's because the principle of Relied Upon has come into play.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  45. Yes, there should be by nbauman · · Score: 1

    The services are free, what else would you expect?

    Not quite. There's a principle in law called reasonable reliance. (Wikipedia doesn't have an entry, and I can't find a good definition on the web.)

    If you reasonably rely on someone else's assurances, and you get screwed, that person can be liable for your damages.

    If somebody offers me free software, and I use the software to set up my business data, and the software becomes unusable (say, their copy protection goes psycho), I could argue that I relied on their assurances about their software and now I'm screwed. I might get damages. I don't know for sure because IANAL.

    I remember one famous case in which a chemical company gave a science teacher a free case full of bottles labeled with different kinds of petroleum products. The teacher needed some kerosine to store sodium, so he used their bottle labeled kerosine, but it wasn't actually kerosine -- they used water. The sodium blew up, he was injured, sued the chemical company, and won, even though he got it free.

    One of the elements of a contract is "consideration" -- if you use AOL's service, they have to get some "consideration" back in order to have an obligation through contract. But delivering your eyeballs to their advertisers might be consideration.

    1. Re:Yes, there should be by Achromatic1978 · · Score: 1

      "If you reasonably rely on someone's assurances" - READ the damn TOS. It SPECIFICALLY STATES that you cannot rely on guaranteed availability or ongoing continuation of service. There goes your reliable reliance, right there. So sad, too bad.

    2. Re:Yes, there should be by LWATCDR · · Score: 3, Informative

      Read the TOS please. It states that AOL can take it down at anytime and the users agreed to that.
      How about people taking some reponsibilty for a change?
      Make stinking backups.
      Heck USB flash drives and DVDs are CHEAP. make copies people.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:Yes, there should be by thogard · · Score: 1

      Don't forget that at least one subscriber of AOL thinks they are paying for these free services.

      Add in the point that the service isn't "free" if there was any advertising (including advertising for AOL) included at any time.

      As far as the disclaimers that the user needs to take care of their own data, that is fine if equipment failure caused problems and reasonable steps didn't help but pulling the plug on a service with no warning is wrong and I expect a judge may see it that way.

    4. Re:Yes, there should be by jc42 · · Score: 1

      READ the damn TOS. It SPECIFICALLY STATES that you cannot rely on guaranteed availability or ongoing continuation of service. There goes your reliable reliance, right there. So sad, too bad.

      Not necessarily. In most jurisdictions, there are a lot of legal restrictions on what a company can do to a victim, even if the victim isn't paying the company. If I give you something for free, tell you it's something that you want, but instead it's something that injures you, in most of the world you'll have grounds to sue. You can't just hand out poison labelled "candy" and expect to get away with it because you included a fine-print notice that you aren't liable for damages.

      That's what this story is all about. The proposed laws, if passed, will put legal limits on the damage that companies can do to victims that accept a "free" handout from a company. There's plenty of legal precedent for imposing such limits. The fact that the company has said "on the internet" and "free" doesn't necessarily cancel all legal precedent and absolve them from liability to damage to their victims.

      Where do people come up with the idea that a TOS or EULA document can overwrite existing laws, and any draconian restriction is legal if put in writing? That just shows extreme ignorance of how legal systems work.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    5. Re:Yes, there should be by no1home · · Score: 2, Informative

      there are a lot of legal restrictions on what a company can do to a victim, even if the victim isn't paying the company.

      Absolutely true that there are plenty of restrictions on what a company, or a person, can do to a victim. But I have a question for you: Who is the victim? The TOS, which is a contract agreed to by both parties, lays out that there is no guarantee of reliability, no promise that the service will continue to exist. Therefore, AOL has every right to terminate the contract. If the TOS says notice is required, then AOL must give notice. If not, then it is not required. Sure, it would be polite, but it isn't legally required. Since there was no breach of contract, there was no victim.

      You can't just hand out poison labelled "candy" and expect to get away with it because you included a fine-print notice that you aren't liable for damages.

      Right again. But who poisoned anyone? Who acted in a harmful manner? AOL provided the service as promised, as contracted by the TOS. So, again, there is no victim. There is only an upset user who didn't like the contract he signed after it was properly executed, then properly terminated.

      Where do people come up with the idea that a TOS or EULA document can overwrite existing laws, and any draconian restriction is legal if put in writing?

      These are the same people who assume that laws offer protections in situations they were never meant to apply for. These are the same people who sue gun companies for murder. These are the same people who offer up and/or fall prey to straw man arguments.

      Like your arguments.

      --
      I hope this comment is well received... I could have moderated instead!

      Persecutors will be violated!
    6. Re:Yes, there should be by TechForensics · · Score: 1

      IAAL, and in court you'd have to convince a jury AOL had made sure the victim was aware of the TOS. Most juries would look at the four pages of tiny print four or five clicks deeper than the signup page and say Hell No they never cared whether he read it and we find he was not aware of such terms. If you are interested, read about overreaching and contracts of adhesion too.

      I remember one now well-known case where the repair garage could not enforce the terms of the sign they posted in the repair shop against the customer absent a showing the customer actually read it. If it's not a part of the meeting of the minds it does not become a part of the bargain. Unless you subscribe a document with the formality of a legal signature, it's hard to argue you are subject to pages of fine print. It's a mistake to automatically assume that you're bound by a EULA or someone's TOS. Every case is evaluated on its facts and every case is different. Every human transaction has thousands of varying nuances, and that's what juries are for.

      --
      Those are my principles, and if you don't like them... well, I have others.
    7. Re:Yes, there should be by azenpunk · · Score: 2, Insightful

      if the terms of service say they can cancel it at anytime it's not reasonable to rely on it. dont' you think? or do you advocate a tyranny of the masses where people can happily ignore the terms on which anything is provided and enforce their uninformed assumptions later?

  46. Dropping XDrive as well by chipschap · · Score: 2, Informative

    I see XDrive goes away as well on Jan. 12, 2009. Makes you wonder why AOL bought it out in the first place. While I don't claim I have rights in a free service for which the TOS state clearly that it can be ended at any time without nice, it is still a pain and raises in my mind the question others have: how much should we rely on free online services? The obvious answer based on experience seems to be, not at all, but what about something really big like Gmail? I use POP3 to backup my Gmail correspondence locally, but free or not and rights or no rights, if a service such as Gmail shut down it would really rock a lot of boats.

    1. Re:Dropping XDrive as well by Anonymous Coward · · Score: 0

      How long should we rely on free services? That's actually a pretty silly question when you think about it. Do you rely on the bank teller having a bowl of candy you can take from when you do your banking? Do you rely on your roomate letting you use his computer when he's not home?

      Why would you rely on anything that's free? That would require you to take that free thing and make it so important that you can't do without it. If you do that then it's your own fault you suffer when the freebie goes away.

  47. Re:Get outa my house! And leave your potatoes. by Hatta · · Score: 2, Interesting

    If I invite you as a guest into my house, I can kick you out whenever I want. I don't have to give you 2 weeks notice.

    Actually, that's not always the case:

    If your houseguest has been living with you for more than 30 days, he would be considered a tenant, and the tenancy could only be terminated by proper written notice. If your houseguest has been a tenant less than one year, you could terminate the tenancy by giving 30 days' written notice, but if he has been living with you more than one year, you would have to give him 60 days' written notice. If your houseguest did not vacate within the notice period, you would have to begin formal eviction procedures.

    (http://www.boston.com/realestate/news/articles/2007/12/06/how_to_evict_house_guest_who_refuses_to_pay_rent/)

    --
    Give me Classic Slashdot or give me death!
  48. backup only what you want to keep by purpleraison · · Score: 1

    backup only what you want to keep is something everybody who uses a computer to store/ retrieve data should do; be it files on their personal computers, or their website.

    Like it or not, we are each responsible for our own files.

    --
    I am open source, and Linux baby!
  49. Capitalist hell by Dox96 · · Score: 1

    Of course AOL get absolutely nothing in exchange for their munificent free hosting that they provide? They're just doing it all out of the goodness of their hearts and can withdraw at any time, hey? And that's their right is it?

    Wrong! "Free hosting" websites get traffic in exchange for content from their users. This traffic can be used for generating advertising revenue. I'm willing to bet that if these AOL services were as popular as Facebook, MySpace or Flickr they wouldn't be shutting them down. AOL was trying to build a valuable asset for themselves out of their users' blood, sweat and tears and when it didn't work out, coldly cut them off.

    "Free" websites aren't free. It's a hosting for content type arrangement. Sure the hosting company provides free hosting, but the users provide the host free content. There's a two way street here.

    Some of the comments here are so insensitive it's shocking. It's as if the company/landlord has all the rights and the users/tenants have absolutely none. Did you guys even read the comments associated with the OP? All these users, suddenly cut off, with no way to recover their data trying in desperation to get some help, all coldly ignored. AOL even ignored requests from the site developers to move the code to a non-profit organisation.

    Seriously, why do you guys whinge and complain about Microsoft/Wall St/Enron/insert other ar$ehole company here when it's clear you all support a capitalist hell?

    1. Re:Capitalist hell by macraig · · Score: 1

      It's good to see at least one other person sees the real contractual dynamic, here. This scenario, free web hosting in exchange for free content to use for ad revenue, bears only superficial resemblance to a meatspace landlord-tenant contract. Nevertheless, BOTH are contracts wherein an exchange of value occurs, for BOTH parties.

    2. Re:Capitalist hell by plague3106 · · Score: 1

      Um, if the content had any real value, people wouldn't be posting it for free. Obviously the content didn't have enough value at least, because AOL chose to shut it down. More likely, it was a massive pile of shit no one cared about... so I guess given your rules, it's really the users fault, for not providing more compelling content.

  50. Advertisements On Line..... by IHC+Navistar · · Score: 2, Funny

    AOL offered something FREE?! Did you look for the asterisk that came after the word 'FREE'? Hmmmmm..... me thinks not.....

    The TEN COMMANDMANTS OF AOL:

    1) THOU SHALT NOT OFFER ANYTHING FREE, UNLESS IN CONJUNCTION WITH #3 AND/OR #4

    2) THOU SHALT BONE THY CUSTOMER FOR EVERY PENNY THOU CAN GET.

    3) THOU SHALT DROWN THY CUSTOMER IN ADVERTISING, PROMOS, AND PRODUCT TIE-INS.

    4) THOU SHALT COVER THY EARTH WITH AOL DISKS.

    5) THOU SHALT PROVIDE CUSTOMER SERVICE AS HORRIBLY AS THY CAN IMAGINE.

    6) THOU SHALT DISAPPOINT THY STOCKHOLDERS.

    7) THOU SHALT HOLD DATA FOR RANSOM.

    8) THOU SHALT NOT PRACTICE BUSINESS ETHICS.

    9) THOU SHALT COLLABORATE WITH BIG BROTHER FOR LIFE-SUSTAINING CASH.

    10) THOU SHALT PLACE EMPHASIS ON THE MEANING OF THE PHRASE "Caveat Emptor").

    If you take the bait of a 'free' (or ANY) service from AOL, then you shouldn't be using the internet. Or running a web site.

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
  51. Here we go ... by Anonymous Coward · · Score: 0

    This has got to be the most asinine, whiny, bitch-like thing I've heard in awhile. A free hosting service with no obligation to those who use it goes belly-up and gives six weeks notice to move on. Free hosting services for small sites are a dime a dozen on the 'net. Paid hosting services for small-to-medium sites are available for practically nothing with SLAs and take 72 hours max to take affect (if you are transferring a domain). Web hosting is a commodity these days. ... why the fuck are people complaining as if hosting their meaningless drivel for free were a guaranteed right? It's not. Not by a long shot.

    If you're a business, why the hell are you depending on a free hosting service with no obligations to you or your business? If you're an individual with personal content, how hard is it (really) to move that content to another free hosting service?

    Oh, you deleted your original material? Well, you're a fucking moron. You have backups? Then copy them to a new hosting service and quit your obnoxious whining.

    Seriously, your whining is petty and immature.

  52. Time to find a new place to live? by Veggiesama · · Score: 1

    It is quite dickish to delete the data of tons and tons of people without notice, free or not free.

    But data is not the same as physical property (see the "theft is not the same as copyright infringment" argument that is so popular on Slashdot), so laws relating to eviction from physical space shouldn't apply to eviction from digital space.

    The intent of an eviction notice is for humanitarian reasons. Eviction notices allow renters to make arrangements to live elsewhere without having to suffer through temporary (and frightening) homelessness. Without a place to store their property, it could be stolen or destroyed, not to mention the welfare of the individual.

    Data can be backed up at relatively no charge, so "finding a new place to live" for the data isn't a problem. It can (and should) be safely stored while the owner shops for a new digital residence. While a company website might lose temporary traffic, companies also shouldn't be using a free service. Free website hosting is intended for small, personal uses, which is not a critical service (like having shelter during a storm).

    Laws to prevent data loss from happening are unnecessary, as long as the company makes some effort to communicate that they cannot guarantee permanent hosting.

  53. Free = You get what you pay for... by rickb928 · · Score: 1

    Just the way it is. Do they own you notice?

    Free is worthless. Trust no one. Heck, you PAY for the server at work, pay people like me to keep it running, and even then you have backups, redundancy, the secret envelope with the admin password (fat lot of good that does) and off-site whatever.

    Backup your Gmail. Nothing is truly free.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  54. Obs Soviet turnaround by Anonymous Coward · · Score: 0

    In Soviet Russia, the tenants evict the landlords...

    (and, oh, there's plenty of stories from the 1920's)

  55. So there are libertarians here by unassimilatible · · Score: 2, Informative

    Nice job, parent poster, dispelling the entitlement mentality of the article submitter. I keep hearing all of these supposed libertarian-minded /.'ers, who turn like Sinatra after two Martinis as soon as the other guy wants to exercise his own rights.

    Anyone wonder why property investors avoid certain parts of the East Cost US like the plague? It's because they have those laws there that can keep a squatter in a place for 9 months WHILE THEY DON'T PAY A DIME TO THE LANDLORD. Meanwhile, the landlord is paying a mortgage, property taxes, insurance, maintenance, etc.

    The People's Republic of Santa Monica is the same way. The renters' rights group there is the single-most powerful political organization in the city. So powerful, that even unrelated political groups (unions, you name it) have to align with the SMRR in Faustian bargains to get anything passed (you're either with us, or against us, as Bush says). Think about owning a building in that city! There are rent control laws, so why invest in your property? So the apartments are all dilapidated and ugly But go 5 miles east to Westwood, and the buildings are new and beautiful and have underground parking and nice workout rooms. And no rent control.

    Funny how people here are afraid of the government actually doing what it is supposed to do, the whole reason we formed the social compact: Protect me and my shit from other people and other countries. Can't eavesdrop on terrorists outside the country or get DNA from a mosquito or demand a convicted rapist's e-mail account. But tell me what I can do with my own goddamn property? Sure! Redistribute wealth? Awesome!

    It's not libertarian if you only want the government to stay out of your life. As I used to have in my sig: Slashdot, libertarian for me, statist for the other guy.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
    1. Re:So there are libertarians here by Sycraft-fu · · Score: 1

      It's not just Slashdot. I find a lot of people online (not many in real life probably because they are not the sort of person I associate with) who are what I'd call, for lack of a better word, communist anarchists. I'm aware that's a contradiction in terms but that's because these people are a contradiction in beliefs. They are firmly for government being out of their life. They want the right to do anything, say anything, etc with no repercussions. However they are then firmly for the government being in other people's lives. They want the government to make sure they are taken care of, fed, housed, etc even if they don't have a job. Should they say something that someone else takes exception to, they want the government to stop that person from doing anything about it.

      What they seem to want in fact, is to be a dictator's kid. They want to be able to do whatever they please, and nobody, government or private entity, is allowed to tell them no. It really isn't a political philosophy, it is just selfishness and they'll claim whatever philosophy suits that selfishness at that moment.

      Pisses me off to no end. I can respect someone that is actually a true communist. I don't agree with them, but I can respect when they believe those ideals are correct, and understand that it applies to everyone, including them. What I get really annoyed with are the people who think only their freedoms matter. They are important, everyone else isn't.

  56. So then I should be able to sue Linux? by unassimilatible · · Score: 1

    If something has been advertised for free, the payment is still there, it's just zero. In this case, the users are not squatters, they have been offered a service, and have accepted the service. Whether the payment is $0.00 or $0.01 shouldn't fundamentally change the basic rights

    So I guess if something happens to my data when running Linux I should have legal recourse against the developers and companies like Red Hat? Or do we only go after companies you don't like?

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
  57. You get what you pay for. by PotatoHead · · Score: 1

    That's it really.

    Anybody that has enough invested in a free service to feel some pain when it's gone, has already demonstrated it's value, so pay up, or backup.

  58. NO! by john.picard · · Score: 1

    Absolutely not! There should NOT be such a law because when you make it a pain in the ass for people to provide a service, like free web space, then many people will say it's simply not worth it and won't do it. Laws ALWAYS have unintended consequences. To extend the rental house analogy, in areas where there is rent control (laws designed to prevent people's rent from going up too much in a short amount of time) the rents are higher. Simply because every landlord knows that because they won't be able to raise the rent more than 3% per year, they have to stick a high rent on the place from the beginning. Not because they're the big bad landlord and the renter is the poor proletariat, but because there are costs and risks involved with bring a landlord, costs like insurance, repairs during and between tenants, legal costs every so often, taxes, local fees, etc. and risks such as someone horsing around inside the house falls and breaks their skull and then the landlord gets sued. When these costs go up 10% every year and you can only raise the rent 3%, you have to stick a 25% higher rent price on the place before a tenant moves in at all. Let's continue talking about rent control because it is appropriate to this topic. Some areas have a law that if you have a renter over 65 living in property you own, you MUST continue allowing them to rent indefinitely, or else you must provide them with notice a huge amount of time in advance and pay them huge amounts of money to compensate for the costs they'll incur in looking for a new place and moving there. Laws like this are designed to protect the elderly because it is very difficult for such a person to make a move. Correct. However, because landlords know that they won't be able to kick a tenant (say, if they later decide to occupy the unit themselves), many landlords simply do not rent to people over, say, age 50. They'll choose a younger tenant. So the law designed to protect the elderly ends up harming the elderly. And because the government finds out about this new problem (a problem that never existed before) they now have to create new rules, regulations, bureaucracies, and investigations to find out which landlord may have turned down an elderly person in favor of a younger person. All of which increases landlords' costs and risks, hence increases rents, and hence makes the problem of expensive rents yet even more expensive. All you had to do is never make up these laws in the first place and everything would have been fine. Rents too high? That means some smart landlord will figure out that he can make money by offering cheaper rents. It's called the free market system, and except in the case of powerful monopolies that buy everyone out and charge exorbitant prices, a problem which does need to be addressed by the law, the free market system will win every time with better quality and cheaper prices. I can go on forever about the unintended consequences of laws that seem like such good ideas. But we now stray from the topic. Back to online service providers, let each provider make up its own terms of use. People should be reading the terms of use when they sign up for things anyway, not just clicking "I agree." That's akin to just signing some piece of paper without looking at it. If you want to know why doing so is incredibly dangerous, rent The Spanish Prisoner (or see Wikipedia article about what the term Spanish Prisoner means here). If the terms of use say "we can kick you and your webpage at any time for any reason" and you agreed to it, fine. As the article says, people should not store things on other peoples' servers and simply "expect" it to stay there forever, just as you should not put a treasure chest full of gold and jewels on the street and simply "expect" it to stay there forever. People need to get used to the concept of keeping a copy of any data they produce AND keeping at least one backup copy, preferably at a different site. If

  59. Please don't play lawyer by unassimilatible · · Score: 4, Informative

    Also, in contract law there is the notion of unconscionability, specifically that where one party to the contract is grossly more powerful than the other, the court can make decisions in favour of the less powerful party that would otherwise run afoul of contract law. True bargaining only occurs between equals, and the law has long recognized that.

    There are actually two elements of unconscionability: Procedural and substantive. Procedural means that the process was unfair in some way; in this case, that the end user had no reasonable alternative but to sign a contract of adhesion. O rly? There aren't 100's of free Web hosts out there besides AOL? Not to mention the cheap-ass Web hosts out there. I have a great one with a free domain name for $7/month with phenomenal service that has backups in a different state! So I doubt there is procedural unconscionability.

    As for substantive, were there grossly unfair - not just unfair, but so unfair as to "shock the conscience of the court" - or surprise terms in the contract? Or were AOL's TOS in line with what most free Web hosts offer? Substantive unconscionability is a very high burden to meet, and the vast majority of contracts of adhesion are upheld for this reason. Almost certainly this substantive element would fail as well.

    It's this principle that is the source of the renter's protection laws that you despise so much.

    No, the principle is that there are more renters than apartment owners, and therefore politicians pander to the tyranny of the majority (and those who feel sorry for them) while trampling on the property rights of the minority. Votes over principle. Just please don't call it "renters' rights." There are no such rights, only cynical politicians willing to rob from Peter to pay Paul; and the politician who does that will always have the support of Paul.

    And lastly, if the cut-off of service wasn't mentioned at all in the TOS, the customers may have a remedy in tort for damages. The TOS would have to explicitly waive liability on cessation of service to exclude recovery in tort.

    Dude, first off, stop trying to sound like a lawyer - it's like when a white guy tries to speak urban lingo - he just sounds lame. "A remedy in tort" - LOL.

    Secondly, obviously the biggest ISP in the world has an indemnity clause in its TOS. More importantly, AOL is based in Virginia - a UCITA state - and its choice of forum and law clauses dictate all disputes are to be litigated there under VA law. So even without an indemnity clause, it's unlikely end users would win a lot of court cases in VA.

    IAALBNYLATINLA (I Am A Lawyer But Not Your Lawyer And This Is Not Legal Advice). And I have taught business law for ten years, so I am not totally talking out of my arse.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
    1. Re:Please don't play lawyer by m.ducharme · · Score: 2, Interesting

      There are actually two elements of unconscionability: Procedural and substantive.

      Point taken, and yes, you're right on both counts, there isn't much of an argument about unconscionability to make. I didn't mean that it was a good argument, just a possible argument.

      No, the principle is that there are more renters than apartment owners, and therefore politicians pander to the tyranny of the majority (and those who feel sorry for them) while trampling on the property rights of the minority.

      I'm not going to just buy this one, sorry. If you're a renter and you don't have any protection from your landlord, you are totally at her mercy. That was the entire basis for the feudal system, remember? Class and rank based on whether you owned the land (or held it in stewardship for someone who did). Politicians should damn well pander to voters, that's the whole point of a democracy, remember?

      Dude, first off, stop trying to sound like a lawyer - it's like when a white guy tries to speak urban lingo - he just sounds lame. "A remedy in tort" - LOL.

      Of course I sound like a pompous lawyer, I'm a law student. I won't start to write like a normal human again for a few years after I get my call to the bar.

      Secondly, obviously the biggest ISP in the world has an indemnity clause in its TOS. More importantly, AOL is based in Virginia - a UCITA state - and its choice of forum and law clauses dictate all disputes are to be litigated there under VA law. So even without an indemnity clause, it's unlikely end users would win a lot of court cases in VA.

      I'm not studying in the US, so of course I have no idea what VA is like as a venue, and will bow to your superior knowledge there. And yes, they likely have an indemnity clause. And it probably is well-worded and covers situations like this, but maybe it doesn't. I haven't read the TOS for AOL, and I'm not making assumptions about it.

      IAALBNYLATINLA (I Am A Lawyer But Not Your Lawyer And This Is Not Legal Advice). And I have taught business law for ten years, so I am not totally talking out of my arse.

      Point taken.

      --
      Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
    2. Re:Please don't play lawyer by BarefootClown · · Score: 0, Troll

      ...so I am not totally talking out of my arse.

      Hey! How'd you get through the door?

      --

      "Make it ten--I am only a poor corrupt official."
      --Captain Louis Renault (Claude Rains), Casablanca

    3. Re:Please don't play lawyer by pin0chet · · Score: 1

      As a renter you have the right to everything the landlord promised in the lease. A landlord could not get away with inserting unconscionable terms into leases because renters would never agree to them.

      Also, comparing the market for apartments to the feudal system is absurd. For the average Joe, owning land today is more attainable by orders of magnitude than it was in the feudal era. And there are thousands of independent apartment owners in every city vying for renters.

    4. Re:Please don't play lawyer by mabhatter654 · · Score: 1

      indemity only applies to "accidents" involving some people. In this case they knew they were closing the service and choose not to give enough warning and consideration to the data they were holding.

      The question to ask is what is the value of the data to the customers versus the value of giving proper warning (not maintaining indefinitely or anything stupid like that). I'd venture the value of the materials they promised to hold is vastly larger than the value of notification.

      Going back to my coat check example. They operate on much the same rules.. the little tag says they make no guarantees... if they misplace MY coat or it gets dirty they aren't going to clean it for me. If they take all the coats before the end of the show and set them on fire on purpose, somebody is going to jail. Even if there was no guarantee on the safety of MY coat, the collective amount of coats and number of people involved makes it the courts problem... or we can dispense with the courts like everybody says and just send a few hundred of the angriest customers to the company to beat them up, after all, why should the government interfere then?

    5. Re:Please don't play lawyer by AliasMarlowe · · Score: 1

      I have taught business law for ten years, so I am not totally talking out of my arse.

      That may be acceptable for teaching, but if you want to practise in business law, you'd better start with the sphincter vocalizing exercises.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    6. Re:Please don't play lawyer by Kirth+Gersen · · Score: 1

      unassimilatible:

      Dude, first off, stop trying to sound like a lawyer - it's like when a white guy tries to speak urban lingo - he just sounds lame. "A remedy in tort" - LOL.

      What's the actual problem with that phrase? Google returns "about 11,800" hits for it. Since you use the word "arse" you presumably use British English, so maybe it's an American expression with which you are not familiar.

    7. Re:Please don't play lawyer by dubl-u · · Score: 1

      No, the principle is that there are more renters than apartment owners, and therefore politicians pander to the tyranny of the majority (and those who feel sorry for them) while trampling on the property rights of the minority. Votes over principle. Just please don't call it "renters' rights."

      Having been on both sides of the landlord/tenant divide, I disagree with you to some extent.

      Yes, in some spots, renter protection laws are egregious. I rent in one of them, and would give up some of my rights in a heartbeat if I could, as they're ridiculous.

      But giving renters special protection makes some sense. Free markets work best when relationships are relatively equal and very fluid.

      For example, near my house, there are three different corner stores. They're all run by their owners, and all compete vigorously for roughly the same set of customers. This works well for them, because good business practice is quickly rewarded, and for us, because they're always trying to find ways to give a better deal.

      But changing houses is difficult and expensive, and shopping for them is a lot of murky work. Further, things are somewhat asymmetrical. It's easier for a landlord to lose a tenant than it is for a tenant to move. A similar asymmetry also allows landlords more practice, meaning that they will be better at controlling the relationship. All that allows bad landlords and employers to get up to all sorts of shenanigans without any market penalty.

      I have some hopes that the Internet is slowly turning the murk into clarity, fixing the information asymmetry. But it can't fix the asymmetries of importance or experience, so for the foreseeable future, landlords and employers will always have more opportunity for manipulation and bad behavior. Tenant and employee protection laws are a reasonable way to go about fixing that.

    8. Re:Please don't play lawyer by dubl-u · · Score: 1

      A landlord could not get away with inserting unconscionable terms into leases because renters would never agree to them.

      Heh. That's cute. You clearly have never been a leasing agent. Or a consumer salesman for anything that requires signing contracts. If you'd like to learn something, go on a vacation to someplace warm and sign up for a timeshare presentation. Even if you manage to hold on to your wallet, you will discover just how many people can be persuaded to agree to pretty much any idiocy.

      Regarding leases, even if renters bother to read everything and try to understand it, which is pretty rare, they lack the experience necessary to see all the angles. The landlord, on the other hand, has plenty of experience. And by the time the renter realizes what a bad situation they have, their stuff is moved in, so moving is a giant hassle. So as long as the landlord can keep the perceived awfulness below the perceived costs of finding a new place and moving, they can get in quite a lot that the renter never expected up front.

    9. Re:Please don't play lawyer by roninamano · · Score: 1

      But then there is the whole concept of "reliance" and IP - Intellectual Property. If a lawyer were to follow those two doctrines there is a considerable possibility of finding that AOL caused the loss of the user's IP which has a value. Moreover, the consideration in this case has an implied value, that the free host stay up under reasonable terms. Is it reasonable to close a website, which costs pennies per year to maintain, without giving the consumer IP owners ACTUAL notice?

      Then also there are UCC interpretations if the IP is considered business rather than consumer. Quite frankly counselor, I think the probability of litigation due to the crappy way this was handled far outweighs the pennies the saved by closing down in 4 weeks rather than say 6months. At the very least they should have provided a way for people to get their content after the site went down.

      So does the course you teach cover consumer protection statutes and simple tort principles? Because there does seem to be some play in that area given that IP is property and if it has been destroyed there are damages, and through the contract there is a duty....

      But hey, I'm sure AOL's lawyers considered those possibilities as deeply as you did.

    10. Re:Please don't play lawyer by roninamano · · Score: 1

      No, the principle is that there are more renters than apartment owners, and therefore politicians pander to the tyranny of the majority (and those who feel sorry for them) while trampling on the property rights of the minority. Votes over principle. Just please don't call it "renters' rights." There are no such rights, only cynical politicians willing to rob from Peter to pay Paul; and the politician who does that will always have the support of Paul.

      You claim to be a lawyer but you certainly are not very well versed in the facts of New York City's rental realities. The landlords have money, lots of it. They pay, donate, and bribe the politicians and judges. The majority gets screwed as a result. Really, read something, like try 10 years of news articles on skyrocketing rents.

    11. Re:Please don't play lawyer by Xenographic · · Score: 1

      > There are actually two elements of unconscionability: Procedural and substantive. Procedural means that the process was unfair in some way; in this case, that the end user had no reasonable alternative but to sign a contract of adhesion. O rly? There aren't 100's of free Web hosts out there besides AOL? Not to mention the cheap-ass Web hosts out there. I have a great one with a free domain name for $7/month with phenomenal service that has backups in a different state! So I doubt there is procedural unconscionability.

      IANAL, but I thought that we had to compare the OTHER webmail services to see if THEY also require that clause when determining procedural unconscionability with contracts of adhesion? I admit that my recollection is a bit fuzzy of that particular conversation, but I'm not quite sure that it's not always cut & dried as you seem to be making it out to be.

      Then again, I suppose that may be why you mentioned that you have a $7/month webhost that keeps offsite backups for you (though we've muddled our examples by talking about Gmail here and that would more likely apply to the AOL shutdowns, rather than any hypothetical shutdown of Gmail--you'd have to compare like services with like).

      Anyhow, all that said, I'm reasonably certain that it's a good idea to back up your own email if there's anything that important in it. I seem to remember that Gmail allows you to download an archive of your mailbox and I have to believe that doing that would be FAR cheaper than hiring a lawyer to sue Google... or anyone else for that matter.

      And I don't have to put a disclaimer on that sort of advice.

    12. Re:Please don't play lawyer by nsteinme · · Score: 1

      just curious, what is the quality web hosting service you mention?

      -nsteinme AT gmail DOT com

      --
      call me FOSS im the boss with the sauce and the source
  60. TOS by drolli · · Score: 1

    To boil the essesce of your commen: RTFTOS when you sign up for something free, not just click ok.

  61. there is no free lunch by EdelFactor19 · · Score: 1

    they can make the simple argument that they pay for it in their payments to AOL for whatever other services are provided. Your argument of 'if they don't pay for it they don't have recource' is utter garbage. I'm not going to waste anyone's time pointing out how flawed that logic is.

    the fact that it is really crappy hosting, and is overrun by AOL ad's (which probably fund most of it)

    also it strikes me as immaterial whatever aol or anyone puts into their shrinkwrap TOS because those are always trumped by your rights.

    Why do you waste our time talking about 4 9's? It's irrelavant to the conversation. No one is arguing anywhere at any shape or form that they are to be guarenteed FREE hosting. You miss the entire point of this because you are so dissallusioned by some obvious angst and hostility in regards to actual real estate.

    The REAL point isn't that they losing the hosting; its that they are doing so with ZERO notice and with no ability to retrieve anything. As long as I have to give a 'apartment leasing office' notice that I am leaving of more than 60 days when I am month to month (because I'm planning on leaving); its beyond reasonable nay negligent of someone to not tell you they are pulling the plug.

    hell my employer has to give me notice before termination and they pay me.

    whether you pay directly $0 or $100 you have the same fundamental rights; such as notice.

    This also gets to my other irritant of late. Ever notice how every advertisement has a disclaimer saying that every single one of their 'major features' and 'competitive advantages' and even price are subject to change, be discontinued, etc at any point without any notice? Anyone else think its absolutely absurd they are allowed to write such blather when it is obviously utter BS?

    here's an example, if you buy an xbox360 and M$ cancels xbox live tomorrow, do you really think they arent going to be littered with lawsuits regarding misleading/false/fraudulent advertising and promises of features. None of these companies can guarentee anything anymore but except us to guarentee everything and be held responsible for everything.. consumer rights have been shot in the head repeatedly if you ask me.

    and for the other side of the coin; I'd say most of the 'real estate' investors are just as much if not more parasitic. and it doesnt look the east coast is suffering too much. And frankly if no one had abandoned the building in the first place it wouldnt be a problem now would it? But rather than blame the group that started the problem you blame those that took shelter in unused rotting buildings.

    and furthermore to alleviate your idiocy; if no one is actually looking at the webpages of these people from AOL... they aren't using any bandwidth at all. And storage isn't exactly expensive either; 1TB drives are about 120 bucks.

    --
    "Jazz isn't dead, it just smells funny" ~Frank Zappa
    EdelFactor
    1. Re:there is no free lunch by EdIII · · Score: 1

      they can make the simple argument that they pay for it in their payments to AOL for whatever other services are provided. Your argument of 'if they don't pay for it they don't have recource' is utter garbage. I'm not going to waste anyone's time pointing out how flawed that logic is.

      Far from flawed. If there was no contract, there are NO contractual remedies available to EITHER party. Contracts have to have some sort of consideration which can be monetary, but not always. Your claim that AOL users make payments and that is consideration in a contract only applies if that contract has SOMETHING TO DO WITH THE WEB HOSTING SERVICES. The free web hosting services can be available to more than just AOL users and actually be separate. So don't put the two in the same basket. Now you are making assumptions about contractual agreements that may or may not even exist. Bottom line is that it was free with no guarantees.

      the fact that it is really crappy hosting, and is overrun by AOL ad's (which probably fund most of it)

      Irrelevant. If I offer you a crappy rotten orange for free, and you can tell it's rotten, you don't have the right to complain. You can go down the street to someplace else. Actually, that's not a good example. Here is a better one. Grocery Store A has free cheese samples. They are small tiny little cubes that are dry and taste like something scrapped off a dead rhinoceros's taint. Grocery Store B has free cheese samples. They are nice big moist cubes of cheezy goodness that make you warm and fuzzy all over with an uncontrollable urge to hug people. You were not harmed by trying either one, and you don't have any rights to or regarding either. If you want to rage against Grocery Store A you can spend your time better by just going to Grocery Store B.

      also it strikes me as immaterial whatever aol or anyone puts into their shrinkwrap TOS because those are always trumped by your rights.

      Very true. Good job. So what contract laws exist (federal and in the state of VA) that govern web hosting services? What basic fundamental rights are defined in the VA state constitution about web hosting? Any other state?

      It's nice to scream, "I have rights" all the time. It's better to actually know what they are and where you have to be for them to apply to you.

      Why do you waste our time talking about 4 9's? It's irrelavant to the conversation. No one is arguing anywhere at any shape or form that they are to be guarenteed FREE hosting. You miss the entire point of this because you are so dissallusioned by some obvious angst and hostility in regards to actual real estate.

      I'm not disillusioned about anything. I mention 4 9's as they pertain to SLA's which are like TOS when it comes to services being provided. As for the analogy to real estate, it is an accurate analogy and represents a situation of gross inequity. I may have some "angst" against it as you put it, but that hardly makes my statements irrelevant.

      The REAL point isn't that they losing the hosting; its that they are doing so with ZERO notice and with no ability to retrieve anything. As long as I have to give a 'apartment leasing office' notice that I am leaving of more than 60 days when I am month to month (because I'm planning on leaving); its beyond reasonable nay negligent of someone to not tell you they are pulling the plug.

      AOL has the CONTRACTUAL RIGHT to do without notice if that is in their TOS. There are no contract laws, or basic rights regarding web hosting services right now. None. Your reference to leasing contracts and laws regarding landlord-tenant relationships (which widely vary from state to state) have nothing to do with a contract between AOL and a user. Especially, if there is no contract between AOL and a user.

      hell my employer has to give me notice before termin

  62. No free lunch by EdelFactor19 · · Score: 1

    its been said, and it seems fitting to say it again. Someone, somewhere is funding your free lunch. Just because you don't pay for it; or don't know how its being 'paid' for doesnt mean it isnt. Gmail is a business venture that makes money, much like facebook and myspace and name your free blogsite.

    sometimes you just dont pay for something with money.

    FWIW that was an amazing issue; aside from the aforementioned hideous cover

    --
    "Jazz isn't dead, it just smells funny" ~Frank Zappa
    EdelFactor
  63. Re:Trolls by vajorie · · Score: 1

    Unless those people paid for a web hosting package, they have zero recourse and they cannot be evicted as they never paid a dime for anything. They should not have any either.

    If those people did not "pay" anything, the service could not have sustained itself for a second and would have collapsed. They paid something alright, but what they paid/pay changes with the type and provider of a service.

    and of course, if they did "pay" (in a non-traditional way) something for that property for a temporary period, they became renters. In this case, following your own logic, they have either been unlawfully evicted or dispossessed.

  64. Obligatory by Anonymous Coward · · Score: 0

    "Backups are for wimps. Real men upload their data to an FTP site and have everyone else mirror it." - L. Torvalds

  65. Re:Get outa my house! And leave your potatoes. by Anonymous Coward · · Score: 0

    But if he sleeps at his house every night it's very different. He just comes over to build potato sculptures. Deleting free websites doesn't deny people any of the 3 basic needs "shelter, food, or clothing". It simply denies them of their potato sculptures. Potato sculptures =/= shelter. Free websites =/= shelter. That's the point.

    This is pure "word spinning" to make websites sound like shelter and it's absurd.

  66. Will Google Sites be next? by Animats · · Score: 1

    I expect that Google will shut down some of their money-losers in 2009. Google pulled the plug on Answers some time back. Google has Google Sites, their free hosting offering. It's probably not a moneymaker, even with ads, and it's not really related to their core business. That might get cut.

  67. Common courtesy by CustomDesigned · · Score: 1

    While there is no legal reason to expect anything, a simple email notification would be cheap and common courtesy. If I didn't get a notice, my perception of the company would grow substantially more negative. I would not expect any continued access to data (other than the time provided by the notice) - because that is much more expensive and goes beyond common courtesy.

  68. Well, there's the notice. by Restil · · Score: 1

    Seriously though, it's a free service. They're not required to back it up, they're not required to maintain your data. I'm pretty sure the terms of service consist of a list of restrictions for the user and a whole lot of "we're not responsible for anything!" on the part of the provider. So there you go. They're not responsible for anything, including warning you that your data is about to be purged. Keep a local backup if you want it saved for a year.

    -Restil

    --
    Play with my webcams and lights here
  69. such a law would destroy free services by Anonymous Coward · · Score: 0

    My contract for free services specifically says that I can delete the tenant's data or put them off the web or both at any time I want for any reason or no reason and without any kind of notification, and that it is their responsibility to backup their data, and that I can turn offline the server at any time I want for as long as I want for any reason or no reason. In short I make it clear that free stuff is given as a gift and does not grant any rights at all, only responsibilities.

    However, in the majority of cases, when I had to evict some people off my free web services servers I did sent them one or two emails providing them with a notification as a courtesy and offering them the option to compress and send them their data, and in the majority of cases the users didn't reply probably because they had changed email address. Perhaps this is explained by the fact that I usually evict people who were inactive and did not used their free resources for some time, or who have never used their free account after they opened it. In some cases where the user had some data, even though I could delete them if I wanted, I just put them off the public network and kept them for some time in a secure location just in case the user asked for them later (in no case this happened).

    If there was a law interfering with my services by requiring me to provide notification or backup the free account holder's data I would never provide any free service again.

    If my servers have some unused capacity I consider it a courtesy to share it with others for free. For example whenever I have lots of spare room, I enable free/open-source developers to get free services for their personal web presence, imap/web email, software development (svn etc), and source/tarball distribution. There are no ads or other income, I just provide the service in low numbers only as a means to say thanks to the free/opensource community collectivelly for their great software (after all the servers themselves are built on 100% free software, so my motto is that 10% of the server's resources should be given as a gift to free software people who need free services, since without them I could not run the servers on free software at all!), but if they like the service I expect them to donate something so that they contribute towards the server expenses, just as I sometimes donate money to free/opensource projects/communities/developers I appreciate.

    It is important to realise that when I provide someone with some free services, I do take some risks: for example, what if they try to hack into my server or what if they put online something which is not okay? What if someone who claimed to be an opensource developer turns out to use their free online space for hosting something bad? For this reason, I usually ask in Freenode for people who know the guy or gal who asks for a free account or ask to see their existing web presence if any to get a feeling of their personality and whether they can be trusted. But still, I cannot easily know whether the free software developer's pet project violates an obscure US patent from the 1980s, and whether in today's lawfare paranoia someone would prefer to sue the service provider instead of the person who is actually responsible (whether fair or unfair).

    There are already a myriad of laws that could cause trouble to a provider of free services, and surely I don't want one more law to interfere with what is essentially my gift-giving. Corporations or people who shut down thousands of free sites with little notification perhaps could try to be more kind, but a law trying to force them to behave in any other way would be disastruous for any free service providers.

    It is the user's responsibility to choose a good provider. If the contract says I can delete your stuff anytime I want and I do so, you should perhaps ask yourself why you didn't take backups or chose me as your provider. My free services are gifts given under the condition that you have no rights associated with them, so it's your responsibility to decide whether you want the gift under that condition.

    1. Re:such a law would destroy free services by macraig · · Score: 1

      You're a liar, dude. You WOULD in fact continue to offer such "free" services, because in fact you're GETTING SOMETHING FOR FREE IN RETURN: "free" content to use as a vehicle for the advertising which generates revenue for you, content for which you didn't have to pay a dime directly. You offer the free service to get the free content hosted on servers you control and from which you can generate advertising revenue.

      In economics, that is called an exchange of value, and thus a transaction. In business law, it's called a contract or an agreement, for which the civil code and common law provides protections for both parties.

      Your long-winded rationalization is about as disingenuous as they come.

  70. This is retarded by holophrastic · · Score: 1

    There's nothing wrong with eviction -- or whatever you want to call it. Deciding to stop providing a service is something you should have no problems doing. You should never be forced to continue to provide a service. What if it isn't profitable anymore? Or you suddenly lack the resources, or the health, to continue?

    There is a grand exception made for land-lords. That exception is, quite simply, to ensure that people don't become homeless on the street at a whim. That's a far cry different than losing your stupid web-site. And here, we're not even talking about a real business web-site doing real things. We're not even talking about a real personal web-site doing real personal things. I'm sorry my geocities web-site from when I was sixteen isn't around anymore. But I don't blame geocities.

    This, again, is yet another case where consumers think they have some kind of entitlement to someone else's service -- and in this case, it isn't even paid-for.

    In high-school, I had a car when many of my friends did not. With many social parties and gatherings, I always offered rides to and from parties, even in distant directions. I said things like "I'm not carrying you, I'm just flexing my right ankle a few more times; it's not a problem.". Well, one day I simply didn't have the time; so I said that I had to go, and couldn't give a good friend a lift home because I was in a hurry. He was horribly upset because without asking me at all he had assumed that I'd be his personal taxi. He made such a big deal of it that I refused to ever drive him again.

    Anyone who isn't happy with the service they've received, enough to accept no longer receiving it, never deserved that service in the first place.

    It's like winning three days in a row at a casino, not winning anything additional on the fourth day, and then suing the casino because you expected the money-train to continue. Get lost.

  71. Re:Trolls by religious+freak · · Score: 1

    If those people did not "pay" anything, the service could not have sustained itself for a second and would have collapsed.

    Oh really? So when someone starts a company with an initial investment of one million dollars and plans for expenses and hopes the business plan works out, there is no cash burn? You're saying every viable business is immediately profitable - and of course, you are dead wrong.

    --
    If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
  72. Another type of online eviction by macraig · · Score: 0, Offtopic

    Have you ever been removed from an online group or forum by some megalomaniacal or otherwise disturbed individual in a position of authority? I was summarily removed from a Meetup.com group by the organizer: a woman I had once rejected had a friendship (or more) with the man, and declared to him that she wouldn't be involved with the group if I was. She also invented a few false justifications having nothing to do with my spurning her. He was too delusional to even question her, and his reaction was to remove me from the group and advise me to "get therapy".

    It's disturbing to live in an alleged macro-democratic society where on a micro scale such totalitarian things still happen.

    1. Re:Another type of online eviction by shentino · · Score: 1

      It's called administrator fiat. Get over it.

      I'd consider intervention by government referees into my own site as bad as if they'd searched my house without a warrant.

      Why anyone thinks that they can resist a site owner's administration is beyond me. You agreed to the TOS when you signed up, and trusting anyone but yourself or an officially contracted third party with your data is sheer folly.

      It's called "private property" for a reason.

  73. Nothing is offered for free, indeed by macraig · · Score: 1

    The creators of sites in "free" Web spaces should indeed have legal protections, because in fact there IS AN EXCHANGE OF VALUE even though no money changes hands directly. The host uses those sites as vehicles for advertising, from which it does make money; in offering the free hosting, it is banking on the ability of the sites thus created to draw in traffic and thus generate them revenue. Could the host have hired people and created sites themselves? Sure, BUT THAT WOULD COST MONEY. They're getting CONTENT WHICH DRAWS IN TRAFFIC for free, in exchange for free hosting for those sites.

    That, my dear boy, is a contractual agreement, one which should engender legal protections for BOTH parties. This corporate practice of getting consumers to agree to terms which "may be revised or retracted at any time without notice" is, in my opinion, flatly illegal by traditional civil and business law. Credit card companies are another horrid example of the practice.

    This is just one more example of what I recently described as the perversion of law by the "victors", who not only get to rewrite history but also remake the laws to benefit themselves just a bit more than everyone else. The victors, in this case, are corporations and the extremely wealthy.

    This is exactly the sort of conditions and behavior that in other times and places has led to revolutions. Americans are so pussy-whipped by consumerism that they don't even seem to notice, much less revolt.

  74. If you don't back up any email you are a fool by SuperKendall · · Score: 2

    I access my *PAID* Gmail accounts (GMail managed domain email) via IMAP, and I make sure that all emails read are stored locally!!!

    What the hell are people with free email accounts thinking if they do not back them up? Most of my life I've used "free" email accounts (ISP, school, free web based, etc. etc. etc.) and every account I ever cared about was backed up. Paid or not, it doesn't matter - in the end any company or service can fail (or think mirrored RAID is backup) and in the end it's YOU WHO ARE TRULY RESPONSIBLE for protecting your own data. Expecting a free service will go to any degree to protect your data or even exist tomorrow is sheerest madness in my mind.

    GMail is a good example - I can't help thinking that if Google decided to delete all the GMail accounts without warning, there'd be an uproar on Slashdot.

    No, there'd be two or three people like you and the rest of us laughing so hard your slashdot UID would grow by three digits from shame.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  75. NAILED IT! by EdelFactor19 · · Score: 1

    I would mod up if i could. but that's exactly the point... in a nutshell every EULA or TOS these days reads as "you have no rights whatsoever in any circumstance, we aren't liable for anything... blah blah blah (detailing numerous ways in which they aren't liable which may or MAY NOT be valid)." and then finally "except where prohibited by law, blah blah defer to federal,state,municipal rights"

    the problem is that they have thus basically wasted time and just misled the consumer, when all it really could have said is that you are afforded no rights other than those guarenteed by law... and god forbid list a couple or where you can expect to find them. Its a riot.

    --
    "Jazz isn't dead, it just smells funny" ~Frank Zappa
    EdelFactor
  76. Renter's Rights by Anonymous Coward · · Score: 0

    While renters don't have rights in the Bill of Rights, they certainly have some in law. And, correctly so. Renters need some rights so that those landlords who happen to be idiots, greedy, or insensitive cannot do too much damage.

    Evictions and foreclosures, for instance, break and waste stuff. They cause damage, and (in the short term) reduce everyone's wealth. So, legislation tries to balance these short-term costs against the long-term social advantage of having property used efficiently.

    None of this has much to do with free web sites, though. The human costs of the one are so much different from the costs of the other.

  77. Use IMAPSize to backup Gmail (on Windoze) by hadaso · · Score: 1

    IMAPSize is an application for IMAP account management (unlike an email client that would sync with your IMAP account, possibly instructing the server to delete things, IMAPSize backup function only copies and backups. Backups can be incremental, of course. And there's other functionality too, like Attachment removal or header modification).

    I know it works with Gmail (used it) though I use it mainly with my fastmail.fm account.

  78. No sympathy for not backing up by Bigg+Matt · · Score: 1

    I have no sympathy for people who don't back up. Every electronic device whether it's a server farm or just a simple calculator goes down for various reason. Whether it be the business shutdown or something died. There is no excuse for not backing up important data

  79. Looking it at from a different angle by jer2eydevil88 · · Score: 1

    AT&T is upgrading their network and in the wake the older hardware is performing as well? Big deal. This is the same approach Apple has taken with backwards compatibility and its made their operating system state of the art. If only one carrier in this country could achieve 100+mbps connections because they ignored the masses cries for legacy support I would be a happy camper. In fact everyone on /. would be switching to AT&T if they had a budget cellular data 100+mbps plan that worked nearly everywhere in the country.

  80. From a hosters perspective by Dakisha · · Score: 1

    I work for a sizable hosting firm (over 10k clients). Our entry level plans will set you back about 50 euro/yr. If you want some kind of yearlong data guarantee, add another 50 quid there to pay for the storage. Not to mention the writing of, or modification of the system that will keep these for you.

    That 50 euro buys you 10GB of storage ; that's a lot of storage that these people seem to want providers to pony up for free. And the bandwidth to download the data from the held backup.

    There is no free lunch in this game; the margains are small enough to begin with.

  81. The problem by unassimilatible · · Score: 1

    the actual problem with that phrase? Google returns "about 11,800" hits for it. Since you use the word "arse" you presumably use British English, so maybe it's an American expression with which you are not familiar.

    I am an American law-talking guy.

    Every lawsuit in America needs to include both of the following: 1) a cause of action (in this case, a tort and/or breach of contract) and 2) a remedy sought from the court (damages, injunction, etc) should that COA be proven in court.

    So to call a tort a "remedy" is legally inaccurate, and lawyers don't really talk that way; although, it in lay terms, I guess one could use "remedy" in that fashion. But GGP was trying to sound like Joe Lawyer, so I had to say something. Call me law Nazi guy, but if I missed a single character in some Linux coding example here, guys would be on my ass like flies on shit.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
    1. Re:The problem by mr_matticus · · Score: 1

      Unfortunately, it's false pedanticism from a Law Nazi, because you're not also a sufficient Grammar Nazi to recognize that you're using only one of two valid constructions.

      You are assuming "in tort" is a prepositional phrase comprising colocation--"a tort is your remedy". This is legally nonsensical.

      However, "a remedy in tort" can also be prepositional phrase comprising subordination--the phrase properly expands to "a remedy in a tort action". This is a valid usage, grammatically, legally, and jargonistically. It's quite likely that it's a construction you've used yourself in passing conversation when referring to the area of law in which you're likely to find relief. It may be a regional variation, but it's relatively common in West Coast firms.

  82. Mod parent funny by unassimilatible · · Score: 1

    Nice.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
  83. Who says you can't? by Sycraft-fu · · Score: 1

    I've got two servers in my broom closet (no really, that's what it held before it had servers in it) that belong to my friends. My ISP is pleased to have me host servers on my line. They are pleased to have me do whatever I want. I pay more for a higher class connection and thus there are no filters or restrictions. They aren't they only ones who will sell me that sort of service either, just the one I happen to use.

    This idea that you can't host servers in your home is quite false. The companies don't care, they just want you to pay more since you use more. Get a business class account. Almost all ISPs offer them.

  84. Free Lunch by lumvn · · Score: 1

    Imagine seeing walking to work and seeing a sign saying "Free Meal at our restaurant!". The sign is for a restaurant that is 5 blocks away. So you take your lunch to walk over there, and the restaurant is great - all sorts of gourmet foods and great drinks. The free lunch, though, is a small salad with croutons. I suppose you'd better be ready to pay for anything you want for free. I gave up my mail.com account when I couldn't use it for the reason I got it for.

  85. Re:A Year? Hell. by jadavis · · Score: 1

    No. The implications of piling regulations and duties on people for offering free services would be far-reaching.

    "Online services that keep data" is such a vague concept that it could apply to almost any website. Anyone with a forum, user comments, display preferences, etc. If your site gets shut down (maybe because you don't care about it any more), then the users could sue you because you didn't give them notice.

    And what about mistakes, errors, bugs, or break-ins? As we see in the journalspace fiasco they might not intend to "evict" anyone, but it might just sort of happen.

    --
    Social scientists are inspired by theories; scientists are humbled by facts.
  86. Bye bye AOL by Megane · · Score: 1

    This was really the only reason I still had an AOL account. (Well, that and the modem pool for super emergencies, which I am now informed is also long gone.) I was using it as a place to put pictures and stuff for inline linking that wasn't the web server on my own DSL, and had barely used it for that in years. Now I need to make sure that my mom still isn't using her sub-account for mail years after I got her to switch to using my own mail server, then I can nuke the whole account from orbit.

    --
    #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  87. if it's free by mistahkurtz · · Score: 1

    then no. when you sign up for a free account, you agree to their TOS, which, if i'm not mistaken, includes agreement that anything can change at any time. you're paying them nothing, they OWE you nothing. if we're talking about a pay web-hosting company, then yes, but we're talking about a for-profit company providing a free service as a value-add to its clients (and often strangers). they should quit bitching, spend $20 a month and get a real, cheap, web host.

    and shame on anyone for not backing up anything that's important to them.

    --
    not only is time travel possible, it's irrelevant.
  88. The files are really gone by Megane · · Score: 1

    I just tried logging into my AOL account with the AOL client, used the "ftp" keyword, and it brought up the "NO WEB FOR YOU!" page that you see when trying to access the web files from outside. I think at least keeping the upload/download interface up for a couple of months after the fecal matter impacting the rotary impeller would have been nice.

    --
    #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  89. My gmail is backed up.. by the_rajah · · Score: 1

    That was one of my concerns when I decided to go with Gmail to take advantage of their spam filtering. I set up Thunderbird on my print/backup server. It runs continuously collecting all the messages so it won't evaporate if google pulls the plug. Yes, that machine is backed up two places, one local and one off-site.

    --


    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
    1. Re:My gmail is backed up.. by sproot · · Score: 1

      Don't you know how to use Fetchmail then?

  90. Value of a URL? by WillAdams · · Score: 2, Interesting

    I've been a paying member of AOL long enough to be considered a "charter" member, and was quite irritated by AOL taking away their web-hosting @ members.aol.com --- I'd had pages up since its inception and had lots of people linking to said pages and files.

    While I've gotten everything backed up and moved to a new site and notified everyone I could think of --- that doesn't address print references in journals and printed documentation --- all of which are now out-of-date.

    I'd've gladly paid a bit extra, instead, I demanded a refund and cut my plan back to BYOA (bring your own access) --- how can this be good for their bottom line?

    William

    --
    Sphinx of black quartz, judge my vow.
    1. Re:Value of a URL? by gujo-odori · · Score: 1

      It must have been good for their bottom line or they wouldn't have done it, I suppose. I appreciate your frustration, having had my Geocities page mothballed by Yahoo, but as people have noted, the EULA does say they can do that. Plus, Yahoo did give plenty of notice that they were going to do it.

      What bugs me more, actually, is that my old Geocities page is *still* there, as it was in 1997 (yeah, I know, it didn't get mothballed until much later, but I wasn't updating it often). Amusingly, the web counter still displays, although it no longer increments. I'd like to go back and remove it, but there doesn't seem to be any provision for that. Oh well. Life goes on. That page may outlive me, heh.

  91. Re:What Dimension Are You From? by roninamano · · Score: 1

    What dimension are you from? New York City's rent control laws have been gutted and ignored by landlord loving judge's who are on the Real Estate industry's payroll. Entire neighborhoods have been evicted to make way for the (phoney) money train. Rents have skyrocketed out of control. Seniors have been under constant assault by landlords trying to push them out so they can quadruple the rents.

    I know, I do a website about the New York housing crisis: http://rentwars.com/

    And if you don't believe me just read the New York Times articles about gentrification and displacement. Or just read the articles about Rent Wars while you are at it (old though, 2001- but they have newer articles on how the Landlords simply ignore the tenant protection and repair laws yet still get evictions).

    Although now that the financial industry has been exposed as a fraud the RE market has dropped. But the madness continues even now.

  92. But by unassimilatible · · Score: 1

    Regardless of the misuse of legal terms in the profession - which is extensive and it makes me laugh even more (e.g., "jury of his peers," etc) - his audience here is composed of non-lawyers. One should be clear and accurate when using legal terms with non-lawyers, or it leads to confusion. Most lawyers took a class in law school called "remedies," and will know the difference. Non-lawyers will be confused by someone misusing the term.

    So when speaking to non-lawyers or teaching, one should distinguish between a COA and a remedy. They are simply two different things and there are plenty of other words to be used in place of "remedy" in this context (e.g., "action," "suit," etc). And BTW, since breach of contract, not a tort, might be a possible COA in such a matter, "tort" might be confusing as well.

    Considering many here have long, passionate semantic debates about "what is an OS?", I think demanding accuracy here is reasonable.

    And BTW, I went out of my way not to sound pedantic, even making references to Lionel Hutz. You, on the other hand, sound like you are competing in a pedant contest with William F Buckley and Dick Cavett, not discouraging pedantry.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
    1. Re:But by mr_matticus · · Score: 1

      One should be clear and accurate when using legal terms with non-lawyers, or it leads to confusion.

      Again, there is no real lack of clarity given the basic terms here. The post you are responding to asked what is wrong with the phrase, and the answer is nothing.

      Tort actions have remedies. You may find your legal remedy in a tort action. Your remedy may be in tort law. It's neither unclear nor inaccurate, and just as you accuse the other poster of trying to sound like "Joe Lawyer", you are trying to sound like "John Superior Lawyer" and have been called on it. There's plenty to address in the original post, were you actually interested in furthering clarity and accuracy in the discussion.

      And BTW, since breach of contract, not a tort, might be a possible COA in such a matter, "tort" might be confusing as well.

      Once again, setting aside the fact that you already (correctly) recognized possible actions in both contract and tort, it's not confusing at all. There are several possible tort actions that may be pursued in order to make available equitable remedies not available under contract law. They are not likely to be successful, given the structure of most TOS agreements, but that does not foreclose the general applicability of the theory. This is fairly basic, and certainly anyone who has taught business law should know as much.

      And BTW, I went out of my way not to sound pedantic, even making references to Lionel Hutz. You, on the other hand, sound like you are competing in a pedant contest with William F Buckley and Dick Cavett, not discouraging pedantry.

      No. You are attempting to correct that which is already correct and simply misconstrued by your incomplete reading, as opposed to dealing with the more pressing errors and mangled legal principles. A remedy in tort, is, once again, a perfectly valid and accurate English phrase.

      You, on the other hand, are trying to make it an issue to sound superior, and doing it falsely with a poor understanding of English grammar, and quite frankly, the law. No one was confused by the usage, and no one thought that the cause of action was the remedy. The only responses you got were ones wondering about your false correction.

      The only thing I'm attempting to discourage is your false pedanticism. If you want to be pedantic with just cause, fine, but don't hide behind "accuracy" as a justification while being inaccurate. It's neither grammatically nor legally wrong to make that statement. That's all I'm saying.

  93. Right on! by Roadkills-R-Us · · Score: 1

    It's the entitlement mentality.

    I have also provided free service, but those folk understand that you are only guaranteed to get what you pay for-- in this case, nothing.

    From the other direction, I have always just run my own servers to avoid this problem. If I *were* to use a free service, I would do just as I do now- make all changes locally and then push those to the free server. This the version on the web server is the "backup".

    If your site is too complex for this (requires all sorts of extra stuff you aren't capable of managing) then you really need to be paying for space.

  94. iamneri.com by Anonymous Coward · · Score: 0

    Even if it's a paid service or not, it's just ethical to announce such things beforehand.

  95. Let me understand... by gedrin · · Score: 1

    So, we demand that:

    In exchange for being allowed to use your hardware, software, IT department and bandwidth at no cost,

    You provide use with notice of when you will discontinue that permission, and maintain our ability to do so until X months after notice, regardless of your desire to spend your energy, time, money elsewhere.

    That we have been notified in advance through the EULA (or other agreement) that the service might discontinue at any time should be no barrier to this requirement.

    Further, it should be a crime for you to fail in this obligation.

    It does beg the question...What is the obligation of the user/consumer of these services, or are the only obligations on the behalf of those who are providing things? File it under 10-289 and call it good!

    --
    Moderation : -1 Conservative Viewpoint
  96. Re:Nuts to tenants rights! ;-) by RamblerRandy · · Score: 1

    Um, BTW, it's "ludicrous speed"...

    Anyway, in defense of a little bit about the freebee's outrage:

    1. the government some decades ago gave land away for free to homesteaders, after having registered as an owner the property the owners would start to have rights though they (except a registration fee?) got the land for free from the government.

    2. most of the free hosting sites post (obnoxious) advertising on the 'free' hosted web page(s) so the site is generating an income as a sort of payment of "rent", per the metaphor, so there is a sort of "right" involved, but it's still Caveat Emptore.

    But I'm not whining at all but grinning. I've never trusted those free sites and keep a backup of all of them (yea, more than one!) locally. So it's no big whoop to me.

    I do think that as a consumer there should be a right (and especially for businesses) for PAID hosting to have a mandatory 60 day period for "evictions" allowing a person to change hosts and maybe an additional 90 days for a forwarding link or service (paid by the host).

    --
    I'll think of a really good SIG just before I die.