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...” , this action is arbitrarily discriminatory, and very likely constitutes inflicting serious damage on another company without a legal basis...”

Isn’t that what YouTube and FaceBook do day in day out when their influencers run afoul of policy?



Those other companies certainly do too, yes. Or at least that is what I am convinced of. I would say that what I wrote about GitHub should equally apply to these companies too, or any company for that matter. Not just US companies, but any company that operates internationally.


Add other Apple and Blizzard to the list.


If a user runs afoul of policy, the action was not arbitrarily discriminatory.


Policy set by whom?

That of a commercial company, which does not have a legal mandate (at least not in the EU) to make make rules that violate EU law (including legal protections), or the US government, which does not have legal jurisdiction over the EU market?

Pick your poison


What? Your position is that if it’s policy and you enforce policy then it’s not discriminatory?

So if a policy or a law says X is disallowed or is unlawful, ipso facto, X can only run afoul of those bodies of governance and can’t be discriminatory? That’s interesting!




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