D
Damini
Guest
- Thread starter
- #61
Originally posted by old.Glendower
Your original post specifically mentioned "harassment" and "discrimination". Your law would only come into play when a poster invoked specific racial subjects, and then only when (a) and (b) apply. This really is not the same thing, so it does not invalidate the basic premise of no standing to bring action over mere "harassment" involving an activity that all the parties participate in voluntarily, but it is an interesting peek at the potential legal responsibilities of a website.
I note, however, that the law says "person". Barring additional statute (and I see you say "deemed the publisher" exactly how? Statute or stare decis?), no liability could befall any but the original writer. Your courts would have zero chance of prosecuting someone in another country that didn't have such a law, by the way.
In the US, I am fairly certain any such law would be struck down on First Amendment grounds for vaugeness simply because "stirred up" is a rather overly broad term. We do have similar laws, but they require an overt act or uging immediate criminal action...inciting to riot is a good example.
Agreed. But, it is interesting to note the rather strident defensiveness of a number of posts. Particularly when they defend against statements that were never made.
Well, all I can say to that is I personally am not trying to give you any grief here. I consider this simply a discussion. Temper that with the recognition that you guys CHOOSE each day to mod, however, and really shouldn't expect people to cheer you for a volunteer post.
If you want an example of petty, small-minded, deliberate attempts to be hurtful, I direct you to read the various postings by Sick. At least he has retreated to his one-liners after having been soundly defeated in the intellectual argument arena. Or maybe his fingers just got sore from the unfamiliar act of paging through the dictionary.
The fact that BW was originally poorly run as a business does not invalidate my position. You are also ignoring the secondary revenue streams relating to the forums (and this includes all of them, not just the Euro DAoC ones). I assure you, if the owners of this board did not see business gains from it, it would be shut down instantly.
That still has nothing to do with the claim that volunteer moderators are some sort of necessity.
I am not a lawyer, nor do I pretend to be one. I simply adhere to what laws I know, what advice I have been given, and what I have been asked to do. I suggest if you want to argue the ins and outs of the vagueness of British Law then you consult the people that make it! However, if you wish to research similar cases, I suggest you look into the cases against Friends Reunited, and against the website that revealed the name of the footabller having adulterous affairs whose name was blocked from the public by a judge to see how websites are treated with regards to the content they host.
And if you read that article about BW, I think you will find it was not the fact that BW was simply poorly led, it was due to the external market and the absence of additional investors needed (the role GAME subsequently entered). BW originally was simply a community of gamers that has evolved, and is still run by the same people, so I feel your perspective of this place is slightly skewed.
I don't expect ticker tape parades for being a mod, it isn't something I volunteered for or wanted to do with a burning desire, it was something I was asked to do, and I saw it as my way of giving something back to a community I love. Soppy, but true. Whilst I don't expect ticker tape parades, I don't appreciate the I Hate Authority Brigade who see mods as replacement teachers to test thier boundaries with and score points off of. I'm not accusing you of this, I'm just saying it is something that occurs as a mod.
I understand you want to discuss this, but I actually loathe intellectual debate threads, they simply turn into the IQ equivilent of penis measuring contests, so I'm going to respectfully bale out of this conversation.