Originally posted by: rahvin
Originally posted by: FFMCobalt
Originally posted by: Nitemare
I guess private does not mean private.
Threads should have been deleted on a case by case basis. As long as the content of the thread was not known by a moderator there would be no liability, but then again they are the owners and we are the users so they make the rules and we can either abide by it or post elsewhere.
Whether they know what's being posted or not, they're liable for it. It is their job to know and moderate the forums. If they don't, they are at fault because they are not doing their job. They are supposed to do their job, and that includes MODERATING, not ignoring.
Here is a legal lesson for you. If you moderate and control content you become a "publisher" of that content and are liable for it. If you do not, you are not liable for the content because you are providing a forum where people post their own content. This is a very fine line.
Anandtech has choosen to go the route of a "publisher" of all the content in these forums and is liable for the content because of that, but if they chose not to heavily moderate like they do now they would not be. Only by restricting and regulating content do the courts see you as a publisher, otherwise you are held under the same rules as ISP's and telephone companies who are not liable for the information that passes using their equipment.
It's Anand's choice but he made the wrong one, by regulating the content as heavily as he has he IS very liable for everything posted on here. He could be sued as a publisher if anyone did something like post a trade secret that he wasn't even aware of. Very very dangerous decision in our heavily lawyered country.