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 Forum index » Meta » Various & Sundry
Keeping Forum Moderators Out of Jail
Moderators: Giskard, imbri, ndemeter
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AliasNode00
Boot

Joined: 27 May 2004
Posts: 34

 		Keeping Forum Moderators Out of Jail
I just read about a strange ruling by a court in Germany. Apparently, they decided that forum moderators are legally responsible for material posted by forum visitors, even if they're unaware of it.

http://www.theregister.co.uk/2006/04/21/moderator_liable_for_comments/

PostPosted: Fri Apr 21, 2006 12:00 pm
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Atrophied
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Joined: 29 Aug 2004
Posts: 1133
Location: 53742E 4A6F686E27732C 4E4C00

 		Wouldn't a legally binding waiver incorporated into the 'T&C' of the site essentially negate this. Surely when you agree to respect the rules of the fora, you are removing the blame from the forum moderators for any content posted that would break any laws.

Obviously due to the wide scope of the internet, you'd need to be sure that the waiver would be valid in many different countries, but essentially it would be the same as any waiver you'd sign before, say, going skydiving or obtaining membership at (for example) a rock-climbing gym. This would remove any liability on the board owners and/or moderators part and protect them from legal action.

Just my $0.02 (I'm not a lawyer, so I'm not entirely sure if this would be a viable option.)

~Atrophied
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PostPosted: Mon Apr 24, 2006 12:09 pm
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Puppy_Zwolle
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Joined: 18 Oct 2005
Posts: 969
Location: Not Zwolle anymore. really no kiddin'
Atrophied wrote:
Wouldn't a legally binding waiver incorporated into the 'T&C' of the site essentially negate this.
Nope. This was about that.
It is something like posting a sighn that you are not liable for damage done to cars you park. If it is valet-parking 'they' are, sighn or not.

This principal is now aplied to fora. Just posting that "management is not...." has become a mere.... well worth as much as the bytes it travelled in.
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PostPosted: Mon Apr 24, 2006 12:46 pm
Last edited by Puppy_Zwolle on Tue Apr 25, 2006 4:15 am; edited 1 time in total
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Ciaran_H
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Joined: 11 Nov 2004
Posts: 123
Location: England, UK

 		I always thought that things like public forums and other sites that allow free comments by the public were counted as having a "common carrier" status, meaning that they're not responsible for the data they carry.

Although, thinking about it, as soon as a forum does things like delete posts, etc (which I'm sure would happen here for trolls and the like), they probably lose their common carrier status. Hmm. Something to think about.

PostPosted: Mon Apr 24, 2006 1:04 pm
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Puppy_Zwolle
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Joined: 18 Oct 2005
Posts: 969
Location: Not Zwolle anymore. really no kiddin'
Ciaran_H wrote:
they probably lose their common carrier status. Hmm. Something to think about.
Right on the money. It is the difference between a newspaper an the deliveryservice. As soon as you you 'mess' with it you also are respocible for it.

Although the fact that moderators will be accountable is still a messy thing in reallife as most are as illusive as the people visiting the fora. Linking a person to an ip-adress can be done but prove that that person is the one making 'an illegal comment' is a whole other matter indeed. Hence the switch to moderators.... but finding/ procecuting them is equally as hard.

I don't see any convictions come from this. Only more vigillant moderators.
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PostPosted: Mon Apr 24, 2006 1:46 pm
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konamouse
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Joined: 02 Dec 2002
Posts: 8010
Location: My own alternate reality

 		This may be a job for the Unfiction Law Association (ULA)!!!
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PostPosted: Mon Apr 24, 2006 8:33 pm
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Puppy_Zwolle
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Joined: 18 Oct 2005
Posts: 969
Location: Not Zwolle anymore. really no kiddin'
konamouse wrote:
Unfiction Law Association (ULA)!!!

Don't you mean Unfiction Community Law Association (UCLA)? Wink
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PostPosted: Tue Apr 25, 2006 4:13 am
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buff
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Joined: 23 Sep 2003
Posts: 106

 		Send in the paratroopers and haul them ALL off to jail...

Relax guys, it's in Germany. And we ALL know how germans are...

=)
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PostPosted: Thu May 11, 2006 7:51 pm
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