[tptacek]

I'm not sure what your point is. Sublettor restrictions on leases have been challenged in court, and there are classes of restrictions that have been judged unconscionable; you cannot, for instance, rent out an apartment in Chicago and absolutely forbid sublettors, nor (obviously) can you forbid African American sublettors.

So my point isn't that the black letter language of any contract must in all cases stand up in court. My point is that the restrictions in leases that block Airbnb will stand up, because despite the relative novelty of Airbnb, the lease restrictions they butt up against aren't obscure. They are central to the tensions between renters and landlords and thus well-tested.

Also: if someone puts a contract in front of you that requires you to discriminate against African Americans: no, I don't think you can ethically sign it.

[lesterbuck]

>Also: if someone puts a contract in front of you that requires you to discriminate against African Americans: no, I don't think you can ethically sign it.

Again, you make a simplistic statement that ignores the real world. When social systems are realigning, there is a period when you ignore the plain terms of the contract because you know people aren't enforcing it anymore. Whether that is happening with AirBnB or not is not my point. My point is that it is really easy to make a blanket statement about being ethical in contract law. The chance of that statement actually being the "ethical" choice in all cases is, effectively, zero. The real world is much too complicated to reduce it to the logical exactitude you are claiming.

[tptacek]

When you sign a lease, your landlord expects approval over sublettors. You know they do. They know they do. The contract says they get it. This notion that the Internet is rewriting the ethics of that situation is relativistic bullshit; the argument is embarrassing.

Sorry, but the Internet has not in fact rewritten every rule that is somehow inconvenient to people on the Internet.

[lesterbuck]

Wow, we must be having two different discussions. I don't disagree with your last comment. In fact, not a single word of my comments have anything to do with the internet, and, in addition, my original example predates the web by a good ten years. I only object to your making blanket statements about it being "unethical" to <insert absolute statement>. That is hardly a relativistic bullshit argument. In fact, entire fields of human study are devoted to the intricacies of the edge cases of such "embarrassing arguments." If only ethics could be reduced to predicate calculus.