Cyberspace law

[SeaDevil]

So during spring quarter I took a Cyberspace Law course and it was suggested that I open up a thread about it. The book we used in our course was "Cyberspace Law: Cases & Materials, Third Edition", by Raymond Ku and Jacqueline Lipton. I found it to a pretty fun course, and it brought up a lot of possible issues we could face as web developers and designers, as well as anyone else working through the internet.

The most regular course problems proposed were about message boards. *hint hint*

So, a big thing about running a message board is the issue of libel, which is written defamation (versus slander, which is spoken). In the case of libel, the person who is copying or transmitting the libel can be as liable (ha ha) as the person making the original statement in many cases. However, if the provider of the service (like a message board) is a distributor, rather than a publisher, this is circumvented. It is then on the person pursuing the issue to prove that the distributor had prior knowledge, and a hand in publishing (the ability to alter the piece or prevent it from being published entirely) in order to become a publisher, which would then be strictly liable. In the case of the internet, when message boards are often automatic and require little to no human attention for a message to replicate itself to everyone's computers (technically, you've created and downloaded a copy of this message if you're reading it), as long as you're not actively monitoring you are a distributor.

So... Say I create a message board application, which really isn't that hard if you're not looking for something heavy. Say users of the message board have an issue with each other. If I step in and remove one, that person could then turn around and sue me for anything the other person said that may not be true, because it's libel if it's not true, and I then became a publisher as I both clearly knew it was occurring, and had the ability to put a stop to it.

Thoughts?

[Sylph]

Quite astute, however have you noticed Andy-Kin's quite strategic and mindful tactic in this regard?

It is similar to you Americans and your Democracy in a way, have a face, but allow the people run of the shop.

Such things result in an unbiased role, which allows for us to settle disputes amongst ourselves, as well as give neither side an advantage over the other.

I find It to be quite the strategic move on both Andy and other Administrative web developers parts.

Don't you agree Seadevil?

[SeaDevil]

I will also shamelessly whore this book because I really liked it. If any of you either work in the web field or plan on peddling your product that way, I suggest you read it.
ISBN-10: 073558933X | ISBN-13: 978-0735589339

[SeaDevil]

Quite astute, however have you noticed Andy-Kin's quite strategic and mindful tactic in this regard?

It is similar to you Americans and your Democracy in a way, have a face, but allow the people run of the shop.

Such things result in an unbiased role, which allows for us to settle disputes amongst ourselves, as well as give neither side an advantage over the other.

I find It to be quite the strategic move on both Andy and other Administrative web developers parts.

Don't you agree Seadevil?

Actually, I do! It's why I want to study Computer Sciences and Psychology together. They are starting to play off each other, but I think in an uglier way than needs be. I am glad that I can provide a service, if I'm smart, that I'm not going to get sued for.

[Sylph]

Actually, I do! It's why I want to study Computer Sciences and Psychology together. They are starting to play off each other, but I think in an uglier way than needs be. I am glad that I can provide a service, if I'm smart, that I'm not going to get sued for.

While I've studied and have no plans to study neither I find Psychology comes naturally to me because of my Empathic nature, however, saying that to say this; in all manner of Human infrastructures, both online and off and the Idiosyncratic nature that we possess as a whole will always lead to a point of "ugliness", in which case must occur for any good to come of it, no matter the circumstances that occur because of them.

Which is why we naturally "debate" or argue, however, I find the internet rather than fostering Intellectual communication, actually fuels dischord, as inhibitors are all but null in a world of nearly imperceptible emotive qualities, whereas physical interaction fosters more motivation for Intellectual and emotive communications, but carries a stigma of human errors such as stuttering and general behaviours that cannot be "proof read" , so it would be easier and more conducive for shyer persons to communicate via the internet.

However, because of this, they are able to produce aspects of their lives they cannot in real life and so you get conflict both with in themselves and between others, whether it be from a lack of such stimuli from physical release of these opinions and emotions or too much freedom.

So if you really think about it, for someone with a more significant form of power to use it over another, serves a purpose akin to that of Totalitarianism or more relatably Dictatorship, so this is why I say this site and many others like it are like a Democracy and that just because someone has power, doesn't mean they should have to use it.

I hope that was simpler...

By the way, you is smart babes, but smarts has nothin to do with emotions sometimes and if an angry member wants to sue...well...I hope your wallet is fat :p

[SeaDevil]

By the way, you is smart babes, but smarts has nothin to do with emotions sometimes and if an angry member wants to sue...well...I hope your wallet is fat :p

They actually have to have a leg to stand on in order to succeed in a lawsuit, or at least be able to look like they do. Judges in America aren't big fans of frivolous suits, and our laws state it's on the person suing to prove it beyond a shadow of a doubt, and all I would have to do is produce the logs and disclaimers from my sites to disprove it. Like I said, they'd have to prove I was the publisher and not just the creator of the site.

[SeaDevil]

Correction: In civil suits, you only have to prove beyond reasonable doubt. More like a simple majority versus 2/3 vote.