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:
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
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[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.