Wait, so you're saying that terms of service shouldn't be allowed? What if I make a website that meant to be a "one stop shop to watch dog (and only dog) videos", and people can upload videos of puppies playing around. Are you suggesting that I shouldn't be allowed to delete the video if someone uploads a video of a cat?
I don't know if for everything, but that definitely makes sense for "general purpose" social media like Facebook that has 2.7 billion active users. That's 34% of world population. Probably includes a lot of bots, but still.
I’m saying we should change it so you have one of two choices for your website:
- let users upload cars, puppies, and funny videos of their kids (video platform; common carrier; immunized from copyright claims, etc)
- accept editorial control, and only post puppy videos, but assume liability for copyright violations (video provider; not common carrier; no immunity)
You’d be allowed to do either of those, but not the case now where you editorialize to just puppy videos but maintain immunity for that content.
As a business owner, you’d have to choose:
Are you a platform for others to host video or a provider of exclusively puppy videos?