burdened with glorious purpose (femmequixotic) wrote,
  • Mood:

TOSed. Yeah.

Okay. So I've heard back from LJ Abuse in regards to pornish_pixies. Leaving this uncut. Apologies to the flist.

Please don't be knocking LJ Abuse in any way for deleting pornish_pixies...they were very kind and very helpful in their explanation and I can see where they're coming from from a legal POV. Plus, they gave me a way to hopefully save the back comm entries. I'll be spending tonight trying to see if I can recover four years worth of fics. God.

pornish_pixies was TOSed because it was reported to LJ Abuse as "containing material which expresses interest in, solicits, or encourages illegal activity."

In the Abuse team's comments, they explained:

In particular, the interest that you had listed on your profile that qualify as expressing interest in, soliciting, or encouraging illegal activity was "incest".

Our legal counsel advises us that it would increase LiveJournal's liability if we were to allow your journal to be unsuspended for you to delete the illegal interests from your profile. This is because if someone were to remove the illegal interests from his or her profile, but was in fact using LiveJournal to coordinate, solicit, or participate in illegal activity, LiveJournal would most likely be considered to have foreknowledge of that activity and thus become liable.

From what I understand, LJ did NOT wipe the account on its own. It was wiped because it was reported and only because of that.

They further say the reason for this is that material which can be interpreted as expressing interest in, soliciting, or encouraging illegal activity places LiveJournal at considerable legal risk. When journals that contain such material are reported to us, we must suspend them. Because LiveJournal's interests list serves as a search function, and because listing an interest enables other people also interested in a similar topic to gather and/or congregate, we have been advised that listing an interest in an illegal activity must be viewed as using LiveJournal to solicit that illegal activity....

We recognize that many people list these types of interests for shock value, as a method of expressing opposition for these illegal activities, or to indicate fictional activity. Unfortunately, the Abuse team does not have any discretion in these cases; if a journal profile contains interests that support illegal activity, we must suspend the journal. Journals, on the other hand, may express or imply interest in illegal activity or express or imply a desire to meet and/or interact with others with similar interests, but only if the journal clearly (1) is in opposition to or condemnation of the illegal activity, (2) does not encourage the illegal activity and (3) is not used in furtherance of any illegal activity.

I do recognize that your community account may not necessarily be the type of content that this policy is directly intended to remove from LiveJournal. Unfortunately, as I've mentioned, the Abuse team has no discretion in how these instances must be handled. Because your account was reported to us, and because it contained illegal activities in your interests list, we must permanently suspend it.

So, yeah. pornish_pixies has been permanently suspended due to having incest listed as an interest in the userinfo.

Right now I'm focusing on trying to get as many fics as I can saved from the back archive tonight and tomorrow; then I'll decide how best to get the fics back up online. Because the fics will go back up. Somehow. In some way. That's just four years worth of HP fanfic history and I refuse to let it go down the drain. Refuse. Utterly.

If you have fics saved onto your hard drive that were posted to pornish_pixies please email them to me at pornish.pixies@gmail.com. The files I'm getting from LJ's retrieval are not exactly formatted for easy reposting. Sigh. Also, if there are any volunteers to help with reposting four years worth of fics, please let me know.

I'm also going to set a replacement comm or archive back up somehow in the next couple of days. But there will be changes that will have to be made, I'm afraid. Limitations set in order to protect us from this again. Incest and underage fic ETA will not might not be allowed any longer. Just to protect the rest of the fics. I'm really sorry about that, y'all. I don't like censorship at all in any way, shape or form, but. *sigh* I'll see what I can do to find another safer place to house those sorts of stories that are in the archive. ETA: I'm considering options for those fics at the moment. Right now my gut instinct is to keep them off LJ just for protection, to keep this from happening again. But I'll see. I want to talk to some fandom lawyery people about the legalities of that before I make a definite decision. I just want to say I've never censored fics in any community or fest I've run and I don't really want to start doing it now. So I'm trying to find out what sort of protection we might have.

Also? I want to say flat-out here that I don't want anyone blaming LJ Abuse for this. I don't blame them. They did what they had to do to protect themselves legally once it was brought to their attention, and if it hadn't been reported? They wouldn't have done anything about it. ETA: I am going to be looking into filing a complaint with Six Apart about the suspension without warning. But I request, please, that fandom not attack Abuse for doing their job as told to them by corporate HQ. They've been really fabulous to me in all of this, and I don't want them slammed for that. If you want to protest, please do so to SixApart. Thanks.

It looks like there's a group possibly responsible for it though. Read this.

I'm leaving this post unlocked for informational purposes; feel free to link as you see fit. Time to band together, HP. Think of the porn.

A quick ETA: I just want to clarify for anyone who stops by here who isn't familiar with pornish...it wasn't an incestfic comm. It was a community that focused on R and NC-17-rated Harry Potter fanfic less than 5,000 words long. There was an no-censorship policy in place from day one, four years ago, that remained in place throughout three mod changes, so it did allow incest fics, yes, to be posted but they were in no way the majority of the fics posted to the community...in fact they were a small, small, small drop in the bucket ficwise. To the best of my knowledge pornish_pixies was not TOSed for the content of the community but rather only for listing incest in the userinfo.
Tags: 6a: strikethrough, comms: pornish, fandom: hp
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