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  #1  
Old 02-26-2013, 08:32 AM
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deSousa deSousa is offline
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Re: My (personal) opinion about a mis-use of the Speakeasy.

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Originally Posted by VAXman View Post
Yes, anyone can register. There is, however, a terms of service agreement which all agree to when signing up for an account here. One must agree to the terms to become a member here; therefore, is it not a contract of adhesion, nor it is unconscionable. Under common law, this is a valid contract for it satisfies all of the legal elements: Agreement, Offer, Acceptance and Consideration. With limitation, one could contract their rights away!
Past experiences with the law lead me to conclude otherwise. Not to mention the fact that there may not be a way to identify a registered user with a legal entity/person.
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Old 02-26-2013, 09:51 AM
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Re: My (personal) opinion about a mis-use of the Speakeasy.

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Originally Posted by deSousa View Post
Past experiences with the law lead me to conclude otherwise.
In reference to which legal particulars which I have stated???



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Originally Posted by deSousa View Post
Not to mention the fact that there may not be a way to identify a registered user with a legal entity/person.
Not always. However, unless you're intentionally trying to hide using the clandestine methods of many hackers, your IP address and activity time stamp can be used to find out who you are. Nearly every ISPs, even if you are given a dynamically assigned address, will be able to trace you down. If may require court subpoena to obtain said info but it does exist. Also, you must supply an email address here on Aural Moon (and with many other forums) to which you receive activation credentials to enable your account. That too can be used to align you with the account user. Cybernetic forensics are commonly used in courts for this purpose. I've been involved in the forensics of such court cases

Enlighten yourself instead of assuming, wrongly, that you are correct in those assumptions. Free Speech in Online Communities: The Delusion of Entitlement
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Old 02-26-2013, 11:59 PM
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Re: My (personal) opinion about a mis-use of the Speakeasy.

THANK YOU.

I thought it was clear that this place, being a not for profit and privately funded by the owner and patrons alike, that there are gonna be some restrictions on what can be said/not be said in the speakeasy or the forums. Apparently I was wrong. I think for the most part the "restrictions" are very liberal and it's kinda sad that because of that boundaries have been stepped on. We have to remember that this is Jim's "house", and even though we do contribute at our own will to keeping it rich in music and other content, we have to respect the rules that are written in the TOS, as well as those unspoken, common courtesy life rules. This is not nor will ever be a "public" place, no matter how hard some try to believe otherwise.
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Old 02-27-2013, 04:27 AM
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Re: My (personal) opinion about a mis-use of the Speakeasy.

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Originally Posted by VAXman View Post
Enlighten yourself instead of assuming, wrongly, that you are correct in those assumptions.
Your enlightenment is not being very enlightening to me. I was victim of a fraud attempt in 2008 which eventually lead me to be questioned by the judiciary police. I managed to proved I wasn't the culprit but the real criminal was never caught. When the case was closed the lead investigator told me in the end that they can only identify 1 in 100 of such fraudsters; if the IP of origin leads to somewhere outside the EU then you can simply forget about it.

So good luck in identifying someone that one day really tries to mess up in this forum.
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Old 02-27-2013, 05:50 AM
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Re: My (personal) opinion about a mis-use of the Speakeasy.

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Originally Posted by deSousa View Post
Your enlightenment is not being very enlightening to me. I was victim of a fraud attempt in 2008 which eventually lead me to be questioned by the judiciary police. I managed to proved I wasn't the culprit but the real criminal was never caught. When the case was closed the lead investigator told me in the end that they can only identify 1 in 100 of such fraudsters; if the IP of origin leads to somewhere outside the EU then you can simply forget about it.

So good luck in identifying someone that one day really tries to mess up in this forum.
Commission of fraud and Freedom of Speech are two completely disparate issues.

I'd previously stated that "unless you're intentionally trying to hide using the clandestine methods of many hackers," because that's what they do. I won't elaborate here on the many ways in which they can hide their trail; let it suffice to say that they can and do.
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Old 02-27-2013, 11:13 PM
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Re: My (personal) opinion about a mis-use of the Speakeasy.

We've drifted off of the point of the thread. We, the providers of the Aural Moon: stream (me), website (Vaxman), key tech support (JamForte); all felt it inappropriate for a person who has not contributed anything to Aural Moon operations, who has a live radio show on another internet radio stream, HOST his show in our shoutbox. Meaning he invited all of his listeners to chat in the shoutbox, whilst his show was airing. The shoutbox consumes a LOT of bandwidth that Vaxman pays for out of his own pocket.

If you have a prog or proggish show outside of Aural Moon, you are welcome to post about it in the forum. You are welcome to talk about in shoutbox. Please, respect our wallets, and don't drain our resources that we provide out of the goodness of our hearts.
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Old 02-28-2013, 12:06 PM
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Re: My (personal) opinion about a mis-use of the Speakeasy.

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Originally Posted by progdirjim View Post
We've drifted off of the point of the thread. We, the providers of the Aural Moon: stream (me), website (Vaxman), key tech support (JamForte); all felt it inappropriate for a person who has not contributed anything to Aural Moon operations, who has a live radio show on another internet radio stream, HOST his show in our shoutbox. Meaning he invited all of his listeners to chat in the shoutbox, whilst his show was airing. The shoutbox consumes a LOT of bandwidth that Vaxman pays for out of his own pocket.

If you have a prog or proggish show outside of Aural Moon, you are welcome to post about it in the forum. You are welcome to talk about in shoutbox. Please, respect our wallets, and don't drain our resources that we provide out of the goodness of our hearts.
Hopefully this will inspire a few people.
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