George Spellwin's Liability with this Website

[decem]

serious question for anyone with knowledge on legal issues.. as well as an open forum for those who'd like to contribute their opinion.

we'll take wodin's racist sticky thread as an example.

let's say someone continually posts racist comments after being warned repeatedly. then let's say that a moderator, fed up with this person's actions, uses the tools and techniques provided to him and instructed on by george to post that user's location or ip address. let's go another step further and say that someone uses that information, tracks down said user and commits some type of crime in either damaging their body or property.

what is george's liability in this matter?

 

[spentagn]

good question. Depending on the answer, I'm surprised that GS hasn't commented (publicly) as to Wodin's intentions.

 

[naturally anabolic]

he is not liable for anything said as the views and opinions are not his or his employee's, first amendment rights to freedom of speech,etc. He can discourage its use and punish its ignorance but i don't think anything can come back to reflect on him

 

[spentagn]

This is a private board, and freedom of speech laws do not apply. And he could be liable. Why do you think elite mail servers are located over seas? Same thing with "secure" source forums at other sites.

 

[WODIN]

I took the action in my sticky of my own accord without requesting any consent from George. He had no forknowledge of its existance therefor he isn't liable to anyone.

As for myself. What idiots of the world may do with published information is their responsiblity and not mine.

When Tim McViegh and Co. Bombed the Oklahoma Federal building based on what is written in The Turner Diaries did the govt. Go after the author?

No because no credible causal link can be established.

Same applies here.

 

[decem]

natty.. his liability regarding what's said on the board is not at question..


i say if:

1. user A uses this internet site
2. information, which can be used to pinpoint that user's location, is posted by moderator using tools/techniques granted to him/her by george spellwin
3. user B uses that information to track down user A, then commits some form of wrongdoing, punishable by law, to his person or property onto user A


george would be liable, and, depending on the damages incurred, could be sued for a good deal of money (assuming he has money to cough up).

 

[decem]

I took the action in my sticky of my own accord without requesting any consent from George. He had no forknowledge of its existance therefor he isn't liable to anyone.

but he gave you the tools to obtain the information am i right? and in doing so, as well as in providing you the opportunity to post whatever you want unmonitored, he must therefore also assume the risk of your doing so.. right?

 

[WODIN]

Just because you give or sell someone a gun does not make you liable for how they use it.

 

[WODIN]

Further...Since I am not employed or in an agency agreement of anykind with GS then there are no ties there that can link him to my post. Mods are volunteers who do so without remuneration for the service.

 

[VicTusDeuS]

Why did you even post the information? Obviously it was for the "idiots of the world" to see so that It would scare those members. What was your intention? Did you want these idiots to do something to the offending members?

I took the action in my sticky of my own accord without requesting any consent from George. He had no forknowledge of its existance therefor he isn't liable to anyone.

As for myself. What idiots of the world may do with published information is their responsiblity and not mine.

When Tim McViegh and Co. Bombed the Oklahoma Federal building based on what is written in The Turner Diaries did the govt. Go after the author?

No because no credible causal link can be established.

Same applies here.