- Posted: Fri, 27 Jan 2012 13:43:27 +0000
Note: I'm weird.The purpose of this is to find out whether or not holding a "stalking" competition is against the ToS, R&G, and the Law.
Result: I am not violating the ToS, R&G nor am I breaking the Law by proceeding with the contest I have in mind.
Okay this is what I gathered.
Stalking in the ToS
4) Prohibited Conduct -- BY USING GAIA ONLINE YOU AGREE not TO:
#1 stalk, harass, threaten, or defraud other Gaia Members;
Stalking is Prohibited
What stalking means, in the R&G
5) No Stalking:
Persistent harassment of an individual or group of individuals against their wishes (commonly known as 'stalking') is not permitted. If someone asks you to stop, please leave them alone.
Alright, we know what stalking is. What is Harassment?
Harassment is also prohibited in 1 place within the ToS in Section 8;
8. Member Submissions.
Gaia may now or in the future permit submissions in journals, the Art Arena, personal ads, chat, messages, reviews, blogging, etc. by you and other Members("Member Submissions" ), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Gaia does not guarantee any confidentiality with respect to any Member Submissions.
Blah, blah, blah... It means you can post things in Gaia but the key part is- "Gaia does not guarantee any confidentiality with respect to any Member Submissions."
It's the article within Section 8 that 'mentions' harassment.
In connection with Member Submissions, you further agree that you will not:
(i)submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Gaia all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Gaia or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;(iv) post advertisements or solicitations of business; (v) impersonate another person, or (vi) engage in any other activity that is prohibited by these Terms.
It pretty much just says; don't copyright, don't make us look bad, don't offsite advertise, don't impersonate, don't do any of these, and another I'll talk about in detail.
Alright, so we only need sub-section (iii);
a)submit material that is unlawful Reference, k)
b)obscene, -A term subject to change, due to "morality". Reference, k)
c)defamatory, -Something that is intended to harm or discredit
d)libelous, -Reference, c)
e)threatening, -Deliberately harming, or showing intent to harm
g)harassing, -This is what we're here for(harassment)
i)racially or ethnically offensive or encourages conduct that would be considered a criminal offense, -Reference, k)
j)give rise to civil liability, -Money related
k)violate any lawor is otherwise inappropriate;
Answer k) Let's deal with "inappropriate". Inappropriate is a word of circumstances, meaning if the intent is purely to find a muse and no harm is meant, it is not inappropriate.
Secondly, the law;
The National Center for Victims of Crime, "Virtually any unwanted contact between two people that directly or indirectly communicates a threat or places the victim in fear can be considered stalking."
I'm sure where ever you're from, your countries laws are very similar to that definition. Visit 5, e) to discredit "threat" and now we need to discredit "Victim";
"Victim" - A person harmed, injured, or killed as a result of a crime, accident, or other event or action.
Hosting a competition purely for muse does not harm, injure, or kill anybody. If a crime resulted from the competition that would be a completely irrelevant situation.
Well thus far, I've discredited harassment. Therefore, it can't be Stalking. However, there is a subsection of stalking called cyberstalking.
"Cyberstalking"- the use of the Internet to stalk or harass an individual. It may include false accusations, monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information in order to harass.
Discredited due to no intent to harass.
There is nothing suggesting that a non-threatening "stalking" competition is illegal. I will start to tie up all lose ends I left along the way to form a solid and final conclusion.
#1. I hadn't checked if anything regarding Harassment was in the R&G.
Result: Reference, 2
#2. I haven't defined Harassment;
Result: a feeling of intense annoyance caused by being tormented
For the sake of alternate outcomes, I'll search other keywords for multiple outcomes in the ToS and R&G
ToS; Section 4 # 13
discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor
Note: I'm just going to assume it means what I think it means.
Without the intent to harm child or minor, to further insure the safety of younger members of the contest could prohibit entries below a certain age.
With that said. There should be no dispute that as long as the following is applied, nothing from the ToS, R&G, or the Law is broken.
#1) Stalking consists of Harassment and Threatening, therefore the intent is purely sport and not malicious in anyway.
#2) Additional security applied for especially young members of Gaia, with the understanding that this is not required and it is purely out of integrity of the sport.
#3)Furthermore; "Stalking", by definition, is a malicious word. However "Gathering information about somebody random/not-so random", is not only confusing but very long. So when referencing the word "Stalking", parenthesis will be added to understand that the intentions aren't harmful.
If there are an obvious spelling mistakes, feel free to point them out.
If there is something I missed, feel free to point it out. I wrote this at 4a.m. to 8 a.m
If there are any problems with what I have said, feel free to PM me (Mods only)