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I don't understand how mods could argue they deserve backpay. They are volunteers, are we saying that all volunteers can sue for backpay?
It's more about the principle. He's saying that they can't provide reddit for free, they're not a charity. But with the same logic, should mods work for free, since they're also not a charity?
No, they shouldn’t. When subs reach a certain member threshold modding becomes a job for many. Mods should absolutely form a union, but asking for back pay is a stretch. What they should do is asked to be paid moving forward stating that profiting off the backs of volunteers is no longer acceptable not only because Reddit has made modding much harder by giving third party apps the finger, but also because the mods should in theory value their spare time. Another thing is that people posting free content to Reddit without reimbursement should be viewed as an atrocity, even YouTube reimburses content creators once the content gets a certain amount of views.
I don't think anyone's denying that. Lawsuits in the US always follow a "throw everything at the wall" approach because there's no downsides to it. The actual worst case for including it is that particular claim gets rejected and the rest of the suit continues.
Pretty sure the courts will view volunteer work that enriches a non profit very differently from "volunteer" work that enriches a for profit enterprise.