Grouply Subscribers Violate Yahoo! TOS

[Posted here by permission of the author.]
Executives, staff and contractors employed by Grouply.com having access to their YG-mirrored archives are not members of any of my groups. 
Grouply is retransmitting content and putting it into the possession of people who are non-members (i.e., Grouply staff), if any one member of my group becomes a Grouply subscriber.
The access connection to my group happens by default when they join Grouply.  If someone in my group joins Grouply, by default Grouply instantly changes their YID primary email address in my group to @ grouply.com and immediately, by default, lists it as a connected group in the Grouply subscriber’s Grouply account and profile, and begins capturing and archiving postings from my group to Grouply.com.By giving Grouply.com their YID passwords, members grant Grouply.com access (and possession of data in their groups’ mirrored archives on Grouply servers) that neither Yahoo! nor I granted as the parties controlling access.  This is where I see a violation of the TOS by the Grouply.com subscriber.

Access (and retransmission to another web site) has been granted to parties who are not members of my groups, at least (if not others) those parties who are employed by Grouply.com and are not members of my group.

Note that the YG Guidelines do not require merely adherence to the “letter of the law” of the TOS.  Yahoo! advisedly reserves the right to terminate the account of any person violating even just the SPIRIT of the TOS and Guidelines.  I quote from the Guidelines page at:
http://groups.yahoo.com/local/guidelines.html

– – – – –
Yahoo! Groups, in its sole discretion, may terminate or remove any content, Group or your Yahoo! ID immediately and without notice if (a) Yahoo! believes that you have acted inconsistently with the *** SPIRIT OR THE LETTER *** of the Yahoo! Terms of Service or the Yahoo! Groups Guidelines, or (b) Yahoo! believes you have violated or tried to violate the rights of others. Please help us keep Yahoo! Groups an enjoyable and positive experience. If you see a Group or content that violates our rules, please let us know by contacting us [hotlinked to
http://help.yahoo.com/l/us/yahoo/groups/abuse.html ].
– – – – –
[emphasis mine]
But the Grouply subscriber’s violation of the TOS is in both spirit and letter.

The TOS does not say that retransmission to another website is prohibited ONLY IF that other website restricts access to YG members of the same group as the violating member (as GrouplyFans have argued to be permissible under the TOS).  It says in YG Guideline #11 (which is enforced under the TOS): “A Groups owner or moderator (or any other user) cannot re-post or re-transmit Groups content to any other site unless the person has the explicit permission of every group member whose content is being re-posted or re-transmitted.”

That phrase “any other site” is plain and clear.  It does not specify, “unless that site restricts access only to members of the group.”  It simply says “ANY OTHER SITE.”  The only condition under which it says such retransmission is allowable is also very clear: i.e., with “the explicit permission of every group member whose content is being re-posted or re-transmitted.”

Therefore, any Grouply subscriber in my group will be removed for TOS violation.  This is not to say that they are evil, only that they have exceeded the terms and conditions controlling their membership in my group, whether innocently or willfully.

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