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by mikeash 3414 days ago
Well sure. But if your policy really is "anything that's legal" then there's no need to CYA. The only reason you'd have that clause in the first place is if you thought you might want to remove legal but offensive content.

Imagine if someone made a big deal about being inclusive of all races, but their TOS said, "We reserve the right to kick out black people." Nothing says they have to exercise that right....

1 comments

The CYA is there in case the policy changes for some reason.

It's kind of like those "We reserve the right to refuse service to anyone" signs you see in mom and pop shops. Just because they reserve the right doesn't mean they're going to exercise it.

There's a difference between a blanket CYA like that which is totally general, and a version that calls out specific reasons like this.

Would you consider a "We reserve the right to refuse service to black people" clause to be a benign CYA, or would you consider that maybe this clause is in conflict with a supposed policy of no racial discrimination?

In that particular case, I reckon such a clause would run afoul of various regulations prohibiting discrimination against a protected class (specifically, a racial/ethnic minority). Thus, there's no "right to refuse service to black people" to reserve.

That aside, my point is that this is a very common clause for online businesses, and the existence of such a clause - again - does not mean it has to be enforced. Plenty of companies add all sorts of things to their terms of service / privacy policies / EULAs / etc. to cover all sorts of contingencies, and this seems very ordinary and mundane in that context.