i think that they are just "temporarily" offline, not lost. its
been six months now so hopefully they come back soon. i dont want
to see my 18months of posts from before jan 08 lost forever.
yeah, hopefully. but i wonder if Jaiku is legally responsible of
the loss of those posts. i mean, if they have lost them, we are
talking about millions of users who trusted Jaiku in order to
publish and keep their data, ideas, writings, tiny pieces of
life... and they have simply vanished. and Jaiku owners dont say a
word about that. sorry, i'm very upset. any lawyer out there?
i cant remember anyone (except cervus comment up there) ever
saying before that those posts have been lost. so try not to
(over)react based on uncorroborated information.
'We reserve the right to modify or terminate the Service and the
Software, and to refuse the Service to anyone, for any reason, with
or without notice, at any time.'
and:
'The Service and the Software are made available to you for your
convenience on an "as is" and "as available" basis. JAIKU DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT
NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING
THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR
THE SOFTWARE.
[...]
You understand that the Service and the Software are still beta
versions and may not perform with complete functionality, may be
undergoing testing, may be inconsistently available, may have
software "bugs" and may have other issues affecting availability
and functionality. In addition to all other disclaimers and
limitations of liability contained in these Terms of Use, you
specifically agree that Jaiku is not liable for any of the above
issues.
[...]
JAIKU SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER
DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE
OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE
RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED
BY LAW.
If you are dissatisfied with the Service or the Software, or
have any other disputes or claims with or against Jaiku with
respect to the Service or the Software or these Terms of Use, then
your sole and exclusive remedy is to discontinue using the Service
and/or the Software.'
so, no, even if it was halfway reasonable to sue jaiku for
losing six-month-old posts, you can't, because you explicitly
agreed that this was not at all a problem when you signed up. if
you get that worked up about free services that you consider
engaging lawyers, i'd suggest at least reading the tos you agree to
when you sign up and seeing if it's acceptable to you. if you can't
deal with the pain of losing six-month-old jaikus, then i'd suggest
a service which explicitly warrants data retention.
six months waiting is an (over)reaction? about the
uncorroborated information... if Jaiku people say what happened and
what will happen with those posts, it would be so kind and, by the
way, the uncorroborated information would dissapear. and about the
refund, i know this is free, but that's not an alibi... i dont want
any refund, i just want my posts. i hope i'm not being rude asking
that...
your comments about the old posts being offline six months isnt
an over reaction (its something i agree with you about) - talking
about lawyers is an over reaction (as your posts havent been
lost).
@dw: i've never claimed
otherwise, but thought we might as well definitively set the record
straight. ;) pent-up frustration at the sense of entitlement people
feel to free things (jaiku, open source, etc).
@laluzenmi: threatening
to sue jaiku is an overreaction, yes.
laluzenmi: ah :) we'll you being "sad and upset" about the
missing posts is justified. they will come back at some stage in
the future. if not then dont worry as you wont be alone in letting
them know how you feel :)
i'm from spain. nobody sues nobody here, this is not the states.
ok, i didnt read the terms of service. i think i'm not the only
one. but i'm still frustrated and i think it is not very stylish,
for the Jaiku boys, not to put a remedy to this (temporary or not)
loss, or at least, to apologize. and yes, of course, i can
discontinue and use another service, but what the hell, is that the
solution, is that what Jaiku wants?
15 comments so far
what?
1 month, 2 weeks ago by Stalyn.
yes, it's a crime. from what i recall there's been a database crash back then, a backup may or may not exist.
1 month, 2 weeks ago by cervus.
http://www.jaiku.com/blog/2008/01/15/sch...
i think that they are just "temporarily" offline, not lost. its been six months now so hopefully they come back soon. i dont want to see my 18months of posts from before jan 08 lost forever.
1 month, 2 weeks ago by dw.
yeah, hopefully. but i wonder if Jaiku is legally responsible of the loss of those posts. i mean, if they have lost them, we are talking about millions of users who trusted Jaiku in order to publish and keep their data, ideas, writings, tiny pieces of life... and they have simply vanished. and Jaiku owners dont say a word about that. sorry, i'm very upset. any lawyer out there?
1 month, 2 weeks ago by laluzenmi.
i cant remember anyone (except cervus comment up there) ever saying before that those posts have been lost. so try not to (over)react based on uncorroborated information.
1 month, 2 weeks ago by dw.
@laluzenmi: i'm sure you can get a full refund if you ask nicely.
1 month, 2 weeks ago by fooishbar.
also, quoting from the terms of service:
'We reserve the right to modify or terminate the Service and the Software, and to refuse the Service to anyone, for any reason, with or without notice, at any time.'
and:
'The Service and the Software are made available to you for your convenience on an "as is" and "as available" basis. JAIKU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE.
[...]
You understand that the Service and the Software are still beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Use, you specifically agree that Jaiku is not liable for any of the above issues.
[...]
JAIKU SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against Jaiku with respect to the Service or the Software or these Terms of Use, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.'
so, no, even if it was halfway reasonable to sue jaiku for losing six-month-old posts, you can't, because you explicitly agreed that this was not at all a problem when you signed up. if you get that worked up about free services that you consider engaging lawyers, i'd suggest at least reading the tos you agree to when you sign up and seeing if it's acceptable to you. if you can't deal with the pain of losing six-month-old jaikus, then i'd suggest a service which explicitly warrants data retention.
1 month, 2 weeks ago by fooishbar.
fooisbar: you shouldnt try to overreact to someone overreacting on something that isnt uncorroborated and most likely not true :)
1 month, 2 weeks ago by dw.
six months waiting is an (over)reaction? about the uncorroborated information... if Jaiku people say what happened and what will happen with those posts, it would be so kind and, by the way, the uncorroborated information would dissapear. and about the refund, i know this is free, but that's not an alibi... i dont want any refund, i just want my posts. i hope i'm not being rude asking that...
1 month, 2 weeks ago by laluzenmi.
your comments about the old posts being offline six months isnt an over reaction (its something i agree with you about) - talking about lawyers is an over reaction (as your posts havent been lost).
1 month, 2 weeks ago by dw.
@dw: i've never claimed otherwise, but thought we might as well definitively set the record straight. ;) pent-up frustration at the sense of entitlement people feel to free things (jaiku, open source, etc).
@laluzenmi: threatening to sue jaiku is an overreaction, yes.
1 month, 2 weeks ago by fooishbar.
thanks for the information fooishbar... about the lawyer, it was ironic. i'm just sad and upset.
1 month, 2 weeks ago by laluzenmi.
laluzenmi: ah :) we'll you being "sad and upset" about the missing posts is justified. they will come back at some stage in the future. if not then dont worry as you wont be alone in letting them know how you feel :)
1 month, 2 weeks ago by dw.
i'm from spain. nobody sues nobody here, this is not the states. ok, i didnt read the terms of service. i think i'm not the only one. but i'm still frustrated and i think it is not very stylish, for the Jaiku boys, not to put a remedy to this (temporary or not) loss, or at least, to apologize. and yes, of course, i can discontinue and use another service, but what the hell, is that the solution, is that what Jaiku wants?
1 month, 2 weeks ago by laluzenmi.
Thanks! Gracias! Kitos!
1 month, 1 week ago by laluzenmi.