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daviddk
Joined: 13 Mar 2012
Posts: 57
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 Posted: Fri Aug 30, 2013 4:16 pm Post subject: |
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Hey now! My name is daviddk not daviddick. Why are you so mean?
"Now go post something about WSing, if you know what it is."
I heard you like to BFF. Are you serious?! It makes no sense. What advantage is there to that? |
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mac
Joined: 07 Mar 1999
Posts: 17747
Location: Berkeley, California
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| Posted: Fri Aug 30, 2013 4:42 pm Post subject: |
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| Wasn't there a movie a few years back, with a hit song "I am a man of constant threatening"? |
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yargerd
Joined: 05 May 2007
Posts: 31
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isobars
Joined: 12 Dec 1999
Posts: 20935
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| Posted: Fri Aug 30, 2013 8:19 pm Post subject: |
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Because every one of you knows the answer and are just trolling.
Guess who determines what posts I answer. |
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isobars
Joined: 12 Dec 1999
Posts: 20935
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| Posted: Fri Aug 30, 2013 8:34 pm Post subject: |
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| husby_d wrote: | | But this time it paid off with a spectacular "You're gonna hear from my lawyer". |
Got any better solutions to being publicly and falsely accused of a Class C felony? Do you not realize their potential culpability is why iW deleted Pete's posts? It sure as hell wasn't concern for my peace of mind or for the decorum they promise in a moderated forum. |
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daviddk
Joined: 13 Mar 2012
Posts: 57
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| Posted: Fri Aug 30, 2013 8:56 pm Post subject: |
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| Gawd, I never thought isobaiting could be so much fun. He just can`t stop. It`s easier than fishing with M-80s and more rewarding! |
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uwindsurf
Joined: 18 Aug 2012
Posts: 968
Location: Classified
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| Posted: Fri Aug 30, 2013 11:31 pm Post subject: |
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| isobars wrote: | | husby_d wrote: | | But this time it paid off with a spectacular "You're gonna hear from my lawyer". |
Got any better solutions to being publicly and falsely accused of a Class C felony? Do you not realize their potential culpability is why iW deleted Pete's posts? It sure as hell wasn't concern for my peace of mind or for the decorum they promise in a moderated forum. |
"Potential culpability"? Wha chew talkin bout Willis?
I am quite sure that you of all people, with your vast legal experience, are very familiar with the Communication Decency Act, Section 230 of which states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
Section 230 goes on to say that "No cause of action may be brought and no liability may be imposed under any state or local law that is inconsistent with this section." This means that there is no liability for content posted online by a third party that is defamatory, offensive, violates individual rights of publicity or privacy or otherwise would trigger a claim under State law.
The fact is that the iWindsurf Nanny mods did you a favor and deleted information about you which you found offensive and you thanked them for it. They did it to protect themselves from liability? Please. Care to offer up another excuse?
You are the conductor of the Nanny train my friend and it is pulling out of the station headed to hypocrisy town. ALL ABOARD DEWD! |
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WutUpWitU
Joined: 21 May 2000
Posts: 52
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| Posted: Sat Aug 31, 2013 12:28 am Post subject: |
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so a post about an irresponsible kiter has, many pages later, turned into a post about an irresponsible poster
same as in the "real" world, everybody talks, nobody listens
even to themselves
sorry to interrupt, carry on.... |
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KGB-NP
Joined: 25 Jul 2001
Posts: 2856
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isobars
Joined: 12 Dec 1999
Posts: 20935
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| Posted: Sat Aug 31, 2013 10:17 am Post subject: |
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| youwindsurf wrote: | "Potential culpability"? Wha chew talkin bout Willis?
I am quite sure that you of all people, with your vast legal experience, are very familiar with the Communication Decency Act, Section 230
The fact is that the iWindsurf Nanny mods did you a favor and deleted information about you ... |
You are falsely presuming Pete's accusations were true.
Besides, my unedumacated assumption that iW may bear liability is clearly supported by the following excerpt from
http://www.isoc.org/inet99/proceedings/3e/3e_2.htm :
<<<III.LEGISLATIVE RESPONSES
The problems with indirect liability have some statutory responses.
1. Congress has enacted legislation that provides ISPs some relief from indirect liability for copyright infringement. The Digital Millenium Copyright Act blocks ISPs' liability for third party copyright infringements unless they have failed to remove the offending material after notice from the copyright holders. The Act also exempts ISPs from direct or vicarious liability for infringing transmissions by third parties if the ISP did not (1) place the material online, (2) select or alter its content, (3) determine its recipients, (4) benefit financially from the infringement, (5) endorse or advertise the material, and (6) know that the material was infringing.
2. An older statute has been used to insulate ISPs from liability for defamatory statements of a user. Invoking a section of the Communications Decency Act (CDA) that survived the Supreme Court's constitutional invalidation, the Fourth Circuit applied the CDA to shield online provider AOL for a defamatory statement made on AOL by a user, outside of AOL's direct control. The court held that
Lawsuits seeking to hold a service provider liable for the exercise of a publisher's traditional functions -- such as deciding whether to publish, withdraw, postpone, or alter content -- are barred.
Zeran is a significant opinion, and in part resolves previous split decisions in the area that struggled for the appropriate metaphor with which to analyze on-line providers -- by opting, under the guidance of the CDA, for the publisher option, and with it the First Amendment values that will ensure a vigorous exchange of views.
3. Section 230 of the Telecommunications Act of 1996 has also been used by ISPs functioning solely as conduits of information to avoid liability, much as a telephone service provider is not responsible for the defamations or threats uttered by those speaking on the phone.
These statutory responses recognize the problem, but they do not solve it. ISPs and others who provide Internet access are, increasingly, hosting content; they are not simply acting as conduits, as pipelines for data. To that extent the Telecommunications Act of 1996 may not shield the ISP from liability. While the Zeran's court use of the CDA provides protection for libel, it remains unclear whether indirect liability for other wrongs are similarly barred. And the Digital Copyright Millenium Act, which addresses only indirect liability for copyright (and not any other type of claim), still requires substantial oversight by ISPs of their users, and case by case management of every single complaint that is made.
More important, these statutes do little to address the problems of indirect liability by those who are not ISPs, such as employers who manage Web sites and Internet service for their employees, and educational institutions and companies embarking on the vessel of e-commerce, attracting users, and providing as much by the way of interactive content as they possibly can.>>>
I'm guessing that (and don't know or care -- yet -- whether) the copyright considerations above also apply to defamation/libel. If they do, the bold exemptions above, combined with iW's admission that they profit from my posts and their repeated refusal to uphold their claims that this is a moderated forum, leave iW at least vicariously liable. Why else would they delete Pete's libelous claims?
Thanks for bringing the 230 legislation to my attention. It led me to its shortcomings a addressed in the source cited above. Legislation works both ways. |
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