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Old 03-09-2012, 02:08 AM   #61
LaurelRusswurm
self publishing novelist
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Location: dual citizenship in the interwebz and canada
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Quote:
Originally Posted by Redcard View Post
You kind of have it backwards.

In the US, at least, where Smashwords is based, the Constitution all but bans the government from censoring except in very limited circumstances.
I'm Canadian. Our government has been known to censor. We even have laws against hate speech. Yet I am opposed to censorship; free speech is incredibly important.

From what you say, if only your government is required to respect free speech, that doesn't bode well for free speech.

Quote:
Originally Posted by Redcard View Post
Smashwords had a choice in this, and had one all along.
Agreed.

Frankly, I assume Smashwords has known all along, but simply doesn't care.

Smashwords is caving to PayPal on the one hand, while soliciting the help of Internet free speech activists like EFF to fight it. If Paypal wins, Smashwords cuts loose fringe ebooks (it no longer needs since it is now a player) yet gives the appearance of actually having done something. If EFF wins, Smashwords doesn't have to loose those niche markets, with the added bonus of looking like a hero. Win-win for Smashwords.

Both PayPal and Smashwords will do what they want so long as they make money. Neither will change policy without economic incentive.

I've looked at the whole world a lot differently since reading this http://culturalliberty.org/blog/index.php?id=271 and understanding the idea that if corporations were human, they would be sociopaths explains everything.

Quote:
Originally Posted by Redcard View Post
The excuse that not everyone reads TOS's is great for users like you and me, but for someone that bases their entire income on it.. is a very poor business decision.
Not necessarily. What is a TOS? Although a TOS is generally framed as though it were a legal agreement, it isn't. An agreement has two sides and can be negotiated. A TOS is a unilateral coersive instrument, not a legally binding contract. I haven't yet heard of any TOS being fought through the courts. I think mostly the TOS exists to scare users into doing what the issuer wants,

If I were to trust my business to PayPal, it could stomp me whenever it likes. But Smashwords isn't me, having become a very big gun in self publishing. There is a reasonable chance Smashwords will be able to fight off PayPal.

As self-publishing author and consumer, I too can decide who I will do business with. Personally, my job isn't to reform corporations, and I know that neither cares whether they get my business or not. I'm only one person, a mere gnat.

Still, my choice is to not go along. Other will choose to continue to do business with them, and I understand that. It is still very much a recession. Even if it wasn't, I wouldn't blame anyone for the choices they make. If we all had to make the same choice, it wouldn't be a choice any more. We all do the best we can.
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