wbool63 wrote:
I fail to see how Gnutux can be held responsible for content if he does not know the contents of the PM attachments.
Technically, you might be correct but it is a very gray area.
From my research in this matter..
Quote:
What are the Risks with User-Generated Content, and How Can I Address Them?
There are a number of legal issues that you will need to become familiar with if you permit or promote user-generated content on your website.
a. Intellectual property infringement. There are two primary types of intellectual property infringement issues that you should be aware of. The first is copyright infringement. Key elements of liability include knowledge of the infringing activity, inducing or contributing the improper conduct, and attaining a direct financial benefit in the infringing activity when you have the ability to supervise the direct infringer.
Copyright holders generally try to enforce their rights by means of “takedown notices” that are sent in accordance with the requirements a particular Federal law (the Digital Millennium Copyright Act). You’ll have to decide what position to take once you receive takedown notices. Do you evaluate each and respond notice as you feel appropriate? Or do you simply honor all takedown notices immediately? It’s a balance between avoiding legal risk of a lawsuit by those who claim to hold a copyright to the material that someone else posted, versus possibly alienating your users if you aren’t giving any consideration to their “fair use” rights in that content.
Trademark law prevents the use of trademarks of others in a manner that creates a likelihood of confusion about the source of goods or services or in a manner that dilutes the value of the trademark. User-generated content sometimes falls afoul of trademark law.
b. Defamation. You should also be aware that there is potential liability for allowing users to post defamatory statements about others on your website. There is a Federal law (The Communications Decency Act) which can provide some protection against defamation claims based on what your users do on your website, but the scope of the protection is still somewhat uncertain, so you should not ignore the possibility of claims against you based on user generated content.
c. Obscenity and Child Pornography. The Federal laws that provide protections to website owners generally
exclude protections for obscene materials that appear on such websites, even if the materials are posted by users themselves.
linkSo as you can see, the simple fact that the content is user generated doesn't absolve the website owner from liability.
Lawyers will tell you that liability can sometimes be mitigated as follows..
Quote:
One common technique for a website operator to reduce their risks of legal liability for user generated content is to not actively monitor the user activities on the website. While this may seem counter-intuitive, the relevant Federal laws provide a greater degree of protection (through a so-called “safe harbor”) for passive web services that do not actively manage or supervise user content.
Basically, you put up a website and walk away, with no moderation of any kind. From my perspective, that is not really an option on a site like this.
wbool63 wrote:
So, if the owner of a forum does not inspect the mail he surely cannot be held responsible, moreover if he inspects the mail is he breaching a privacy act?
As I mentioned before, private messages are not monitored. Matter of fact, the text in PMs is encrypted so even the server host would have to jump through hoops to access private messages. No one is more of a proponent of privacy rights than I am so you can be assured that private messages on here remain private.
The exception is when a Gimp Chat member reports to the staff that they were sent an inappropriate PM (slander, threats, copyright infringement, child porn, etc), it is our legal duty to report the incident to all parties involved or I could be held liable. In that specific case, I would ban the user, reset their password, access their PMs and contact the authorities or other involved parties.
Files are handled differently than text in a PM. If you use the upload button, the file is uploaded as is to a specific folder (/files), with no change in the file name's extension. The upload button is for image file types only. I can easily scan those for inappropriateness.
Attachment filenames are encrypted and are not easily recognizable unless they are attached to a post. They are more properly managed by phpBB and they are flagged as "orphaned" when no longer attached to a specific post. Because the filenames of attachments are encrypted, it makes it pretty much impossible to monitor them when attached to PMs. In the open forums, we can all can see what they are.
wbool63 wrote:
When we become members , do we not acknowledge (somewhere in the fine print in the EULA )that we shall not use the forum for offensive or dangerous purposes?
That language is in the EULA but that alone doesn't absolve the website from liability.
wbool63 wrote:
I just get the feeling that we are getting too careful about just about every thing for fear of being held responsible for things over which we have almost no control.
I tend to agree with you but in America, anyone can be sued at any time for any reason. The cost to defend yourself can destroy your life, even if you are innocent. You might get lucky and get someone like the EFF to defend you pro bono but that probably won't happen.
Bottom line, attachments in PMs are impossible to monitor, which increases my risk of legal liability and my risk of being sued.