update- it’s over already – http://www.livejournal.com/talkread.bml?journal=ana&itemid=890241

Latest bit of LJ-hubbub ana is suffering as a result of this clause.. see her take on it here. The italics are mine.

ADVERTISEMENTS AND PROMOTIONS
LiveJournal.com has decided to remove all banner advertisements and promotions on LiveJournal.com journals. However, LiveJournal.com reserves the right to run advertisements and promotions on the LiveJournal.com service in the future. By using LiveJournal.com, you agree that LiveJournal.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by LiveJournal.com on your journal are subject to change. You agree that LiveJournal.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

You agree that use of your LiveJournal account for posting your own advertisements or promotions is strictly prohibited. Such use of the Service may result in account revocation.

Now, I imagine this is to somehow legally protect LJ from being accountable if a transaction between two people via the ad, both coming and going… and is *very* reasonable to keep people from spamming in the comments section of your journal, or community. I’m confident that it’ll be ironed out via brad and the gang…and that this’ll be a very minor bit of hubbub.

But if it isn’t… let’s extrapolate for a moment.

Take i for example (who first pointed this situation out to ldy, and who passed it on to me) he sells paintings here and there by showing them inside his journal. Why shouldn’t he? He’s making a buck, and not spamming other people…. from what I’ve seen, very many folks have been quite pleased with his talent and service. Why stop him from talking about his art in his journal, or linking to his site… or even making a sale? They have the blurb in place, in case someone does complain… is “We’re not responsible… he was violating terms of service” a safe enough legal defense?

How about me? I link to websites *all the frickin’ time*. That Crash Bonsai site sells stuff… will I get in trouble for “advertising” something that I think is cool?

Overall, though, my gut feeling that it’s a “tempest in a teapot”… and that the whole shebang will blow over in less than a week.

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