FCMR Posted July 16, 2004 Share Posted July 16, 2004 It seems that some are worried that legal action may be taken if they post the wrong thing, the answer would be to only allow members to post under their true name. Link to comment Share on other sites More sharing options...
Peter Karran Posted July 16, 2004 Share Posted July 16, 2004 No problem for me. Link to comment Share on other sites More sharing options...
When Skies Are Grey Posted July 16, 2004 Share Posted July 16, 2004 Not that I do, but from the tone of the replies it appears that most aliases are known by someone, so will that wont solve the problem. The difficulty is that given the history of the previous forums and the state of some of whining and back biting that goes on it is no wonder that the mods have to keep a beady eye on proceedings. It follows therefore that some of the posts/threads will be deleted. Although I appreciate that the forums are a good way to point some points across, if people have a genuine axe to grind then the forums are not the best place to do it. Whilst it may be your point of view it may also be libelous. The legal repercussions rest with the site owner. There is no such thing as free speech - thats why all the lawyers drive round in fancy motors. Link to comment Share on other sites More sharing options...
Observer Posted July 16, 2004 Share Posted July 16, 2004 The theory is simple... Don't post anything you wouldn't be entirely happy to say in a face to face encounter in a public arena whilst also being happy to deal with any possible repercussions of such statements. Link to comment Share on other sites More sharing options...
Educa Posted July 16, 2004 Share Posted July 16, 2004 There is no such thing as free speech - thats why all the lawyers drive round in fancy motors. <{POST_SNAPBACK}> Link to comment Share on other sites More sharing options...
Peter Karran Posted July 16, 2004 Share Posted July 16, 2004 They grow fat on the quarrels of fools. Link to comment Share on other sites More sharing options...
When Skies Are Grey Posted July 16, 2004 Share Posted July 16, 2004 They grow fat on the quarrels of fools. Thats much more eloquent than what I said!! Link to comment Share on other sites More sharing options...
Slim Posted July 16, 2004 Share Posted July 16, 2004 FCMR That's a nice plan in priciple, however it doesn't really help. First off there's no way of validating that the person posting is who they say they are, even if they're using real names. And what's to stop someone using my name to post as me? What if there's two people with the same name? Doesnt help. Also, it doesn't actually help the problem people running forums have, which is that while secondary publishers (responsible for publishing content that they have no control over) aren't responsible for the content, they are really forced to remove any content that's the cause of a complaint. So you end up with a situation where you basically have to treat every complaint as valid, and a potential shed load of work on your hands. This boards admins seem to have take the view that they'll remove any posts before a complaint occurs. I'm not convinced that's the best plan to be honest, as you could demonstrate that you're reviewing all content, which could make you a primary publisher and therefore be liable for the comments. It's quite tricky, and further complicated by the fact that the servers are often in a jurisdiction different from the posters, the ISP isn't the forum owner, blah blah blah. It's far easier in the US, where the law says simply that people have freedom of speech and isp's have no responsibility. It would be nice to have some clearer laws or guidelines on this subject in manx law, then we'd all know where we stand as posters or hosters and these forums wouldn't have to be so damn PC. Link to comment Share on other sites More sharing options...
When Skies Are Grey Posted July 16, 2004 Share Posted July 16, 2004 So if the server was based in the US then the content of the board would be subject to US jursidiction regardless of the jurisdiction of the poster and their subject matter? Link to comment Share on other sites More sharing options...
Slim Posted July 16, 2004 Share Posted July 16, 2004 So if the server was based in the US then the content of the board would be subject to US jursidiction regardless of the jurisdiction of the poster and their subject matter? <{POST_SNAPBACK}> That's unclear under british or manx laws as far as I know. There's a case in australia where an australian won vs the dow jones that was hosted in the USA, but that was vs news posted on a site rather than a user sumbitted forum post so isn't really like for like. I wouldn't rely on the jurisdiction of the server to protect put it that way. Link to comment Share on other sites More sharing options...
Slim Posted July 16, 2004 Share Posted July 16, 2004 The moderators here are in a difficult postion. They're faced with two other forums closed down, and they're not sure why. So they're trying their best to protect this one. I dont know what you posted, but I do disagree with ans that people shouldn't be allowed to post unsubstanciated comments. I mean, isn't that what an opinion is? At the end of the day though, its a free service, the moderators aren't paid, and if you don't like it, you can go elsewhere. Sad, but having been on the sharp end of this stuff, I can't blame them. Link to comment Share on other sites More sharing options...
Peter Karran Posted July 16, 2004 Share Posted July 16, 2004 Slim is right about the laws in the UK being unclear. Servers holding software, music, films etc etc for downloading are an excellent case in point. Obviously if you want to prevent unauthorised access the easy thing to do is have the server closed down. However if it is based in a country with no copyright law then you simply cannot. So your next best option is try to trace someone who has downloaded from it who is based in a country where you can take action. You then publicise this action to try and scare the rest off. Forums based offshore give a problem. With the law being unclear the last thing people want is a test case because it might go against them. So all they can do is try and scare you off with what "might" happen. The words wind and urinating spring to mind here. Link to comment Share on other sites More sharing options...
When Skies Are Grey Posted July 16, 2004 Share Posted July 16, 2004 I guess with this being a new area (at least legislatively) one should rely on common sense as opposed to case law for your protection. I think the mods/hosts have got their work cut out so good luck to them. I just hope this doesnt descend in to a tit for tat slanging match!! I was wondering if there was some way the hosts can have a disclaimer that posters have to electronically sign to hold them harmless....that way everyone can be as bitchy as they like!! Link to comment Share on other sites More sharing options...
Slim Posted July 16, 2004 Share Posted July 16, 2004 You did accept that you were responsible for your posts when you signed up for this forum. Bleh, more posts deleted so mine look weird... Link to comment Share on other sites More sharing options...
ans Posted July 16, 2004 Share Posted July 16, 2004 I was wondering if there was some way the hosts can have a disclaimer that posters have to electronically sign to hold them harmless....that way everyone can be as bitchy as they like!! http://www.manxforums.com/forums/index.php?act=boardrules I think you had to agree to them when you signed up? Despite that, the legal waters are very muddy as Slim rightly points out, and hosts can't rely on that simple disclaimer to distance themselves from posters who libel or threaten or whatever other people. I can see what Slim is saying about heavy handed moderation changing the host from secondary to primary, but it's my understanding that this would only be the case if all comments had to be reviewed before publication (such as the IOMOnline comments section). Link to comment Share on other sites More sharing options...
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