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Chris M 11 May 2006 13:32

But on top of that, it has to be proven in cases where the posts contain illegal content that the moderation/administration staff have seen and ignored it and are therefore allowing such content to remain on their site, or have simply not gotten around to reviewing that content :)

Now I know I'm not a lawyer but "Innocent until proven Guilty" is still a case in the modern day court of law, and therefore if you can prove (which is now easier with database marking in 3.5) that you haven't read that thread at the time of it being reported, then you can be excused from any responsibility :)

Chris

Tony G 11 May 2006 14:00

Well, yeah that sounds right. You'd need to have malicious intent. I don't know.. maybe an owner is responsible for all content on their site regardless?

Chris M 11 May 2006 14:13

With careful wording and disclaimers and terms and conditions written well that people have to agree to when signing up, you can absolve yourself of total responsibility :)

Chris

Royalridge 11 May 2006 14:45

Having looked at this recently from an Irish angle it's a very grey area. It can be argued that a forum is a database and Irish copyright law states that the first rights of authorship in a database lie with the person who is compiling the database or has commissioned the database to be compiled.

There's actually a whole section of the law that specifically deals with this.

http://www.irishstatutebook.ie/2000_28.html

Look for Part V Databases

Erwin 11 May 2006 22:49

Quote:

Originally Posted by Chris M
With careful wording and disclaimers and terms and conditions written well that people have to agree to when signing up, you can absolve yourself of total responsibility :)

Chris

That's not entirely accurate. :) Disclaimers can never absolve completely the duties and responsibilities under common law.

Freesteyelz 11 May 2006 23:20

Quote:

Originally Posted by Erwin
The current law in most Western countries seem to be that the more control you have over the posts (i.e. moderation) the higher your responsibility for the content of the posts. However, this is obviously a separate issue to ownership of copyright. :)

I think the conversation had changed course unless I had misinterpreted what you replied to Paul M. It still applied, nevertheless. :)

Chris M 12 May 2006 01:16

Quote:

Originally Posted by Erwin
That's not entirely accurate. :) Disclaimers can never absolve completely the duties and responsibilities under common law.

By that, I meant you cannot be held totally responsible, only partially at worst ;)

Chris

Tony G 13 May 2006 07:30

If they were to list everything they could be exempt from it would take pages and pages. But with most contracts of this form, they would definitely exempt themselves from things like negligence and basically anythig that would see them paying damages or specific performance if breach occurs. Some things wont have relevance to a certain contract so they wont be listed and so on. There are some dirty clauses people use, you can exempt yourself from basically anything thats listed if the other party agrees/signs it, regardless if it is unfair.

It's actually worth working on your terms and conditions if you're a big board then, so people dont call their lawyers on you. ;)


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