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YouTube Under No Obligation To Host Anti-Vaccine Advocate's Videos, Court Says (arstechnica.com) 281

"12 people account for the lion's share of anti-vaccination propaganda posted to three of the leading social media outlets," NPR reported in 2021, citing a study from a London-based group opposed to online hate and disinformation."

But this week Ars Technica reports that one of those 12 "lost a lawsuit attempting to force YouTube to provide access to videos that were removed from the platform after YouTube banned his channels." Joseph Mercola had tried to argue that YouTube owed him more than $75,000 in damages for breaching its own user contract and denying him access to his videos. However, in an order dismissing Mercola's complaint, U.S. magistrate judge Laurel Beeler wrote that according to the contract Mercola signed, YouTube was "under no obligation to host" Mercola's content after terminating his channel in 2021 "for violating YouTube's Community Guidelines by posting medical misinformation about COVID-19 and vaccines."

"The court found no breach because 'there is no provision in the Terms of Service that requires YouTube to maintain particular content' or be a 'storage site for users' content,'" Beeler wrote. Because Mercola's contract with YouTube was found to be enforceable and "YouTube had the discretion to take down content that harmed its users," Beeler said that Mercola did not plausibly plead claims for breach of contract or unjust enrichment.

Mercola's complaint was dismissed without leave to amend.

Thanks to ArchieBunker (Slashdot reader #96,909) for sharing the article.
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YouTube Under No Obligation To Host Anti-Vaccine Advocate's Videos, Court Says

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  • Net neutrality (Score:2, Insightful)

    by backslashdot ( 95548 )

    I thought republicans say “let the market decide!”?

    • Re: (Score:3, Insightful)

      by battingly ( 5065477 )
      It's like elections. Their only hope is to interfere in the process to tip things in their direction.
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      I thought republicans say “let the market decide!”?

      They say that all the time. Except when it is something they don't like.

    • by gweihir ( 88907 )

      Market elements deciding not to host their propaganda? That is clearly a case for regulation!

    • by sdinfoserv ( 1793266 ) on Saturday September 09, 2023 @09:46PM (#63835764)
      Republicans say "let the markets decide" till the market indicates their view is not the majority. Then they scream bias, lies, cheats, and fake news.
      It's like abortion. they said "let the States decide", then as soon as Roe V Wade fell, they push to pass a national-level ban. Extreme right Reichwingers can't be reasoned with. They believe they are doing "gods work", and since they believe "god" is infallible, they're actions are infallible.
    • by Z80a ( 971949 ) on Sunday September 10, 2023 @02:10AM (#63836066)

      Libertarians, both left and right wing say that.
      Now authoritarians, both left and right wing want a massive power to control the narrative completely.
      Even the most memetic of the political charts have the authoritarian-libertarian axis along the left-right one for a reason.
      Without it, it just turns into senseless shitflinging, with a lot of people with insanely different opinions being glued together into two masses of incoherent rambling.
      Just to exemplify, you can look at an extreme authoritarian left regime like the north korea, and an extreme authoritarian right regime like taliban, and you will see that while they disagree on what is being pushed on the people, they agree completely on what is the role of the government and how it has to be organized.
      And before you come with something like "north korea is not true left" etc.. it is. but it is insanely authoritarian as well, which you're hopefully not, so your politics will disagree a lot with theirs, even if on the "left/right axis", you're on a similar position.

      • Re: (Score:3, Insightful)

        The difficulty with the terms "left" & "right" is that they're relative, e.g. a mainstream far left candidate in the USA is far to the right of a mainstream far right candidate in the UK, & pretty much extreme right in much of western Europe.

        N. Korea probably has "left" & "right" wing politicians/bureaucrats too.

        Likewise, we can't say most countries are "capitalist", "socialist", "communist", etc., because the vast majority of countries have mixed economies. What we're arguing about is the
    • Re: (Score:2, Informative)

      What do republicans have to do with this?

      Some of the loudest and earliest anti vaccine people are hard core extreme leftist Hollywood actors.

      You knew that. Right?

      • Oh yeah, these people forget that Jim Carrey and his insipid wife started the modern anti-vaxx movement. It festered and grew mainly in Hollywood until 2021 when the right (and blacks) took it up.

    • What are you talking about? The market did decide. A private company, YouTube, chose not to host his content. The government sided with YouTube. Mercola is entitled to host his videos elsewhere with companies that are more amenable. that hosting site will spring up if there's enough Mercola's out there to generate a business. If there's not enough Mercola's out there, then that service will not spring up and Mercola is out of luck. That's the market at work right there.
  • That are in part responsible for 1000's of deaths? Cool!

  • by Petersko ( 564140 ) on Sunday September 10, 2023 @03:36AM (#63836128)

    He sued for breach of contract. The contract doesn't say what he claims it says. Suit denied. That was easy...

    All else is noise here. The basis of his suit was faulty.

    • You know, I know and likely he knows. But now he's the poor victim of big pharma and the media corporations.

Air pollution is really making us pay through the nose.

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