Is anandtech liable?

[p0ntif]

Basically what I'm wondering, is whether anandtech can be held liable for the posts of its users, and if they are incorporated does this shield the people from any actual blame? This isn't really anandtech specific, I mean forums in general, and was just using anandtech as an example. thanks in advance for quelling my curiosity

 

[amnesiac]

liable for what?

 

[NikPreviousAcct]

Read the Terms of Service.

nik

 

[MercenaryForHire]

"Section 5, Paragraph 7A, subsection B: While it is often suggested, ATOT will not be held responsible for any stabbings."

- M4H

 

[Vic]

No, they are not liable and yes, one of the reasons companies incorporate is to shield the principals from certain liabilities.

 

[roncarter]

I wish i could slap u

 

[XZeroII]

In a nutshell, yes they are. That's why there are moderators.

 

[Waveslidin]

They should be held liable for the amount of time i spend on here instead of working. Mods...please cut me a check for my lost time. Thanks!

 

[p0ntif]

nik, where would I find the TOS? And by liable I mean could they be sued if users started posting warez and pirated mp3s and stuff like that. Obviously, anandtech has strict policies regarding this, and the hot deals forum even has strict policies against coupon codes. However, some other deals forums post coupon codes in their forums, and I was wondering if it really matters if anandtech is protected by the TOS. For instance, if joe shmoe started posting MP3s on a forum board, and some record companies wanted to sue, could the forum place say, 'hey we have a TOS agreement that says that we cannot be held responsible for the actions of the poster' in some form or another. This kinda stems from anandtech's reluctance to allow coupon codes in their hot deals forum while other places do. Just wondering if they are protecting themselves (covering all bases) or if they are protected anyway due to TOS or something to that effect.

 

[Scarpozzi]

Read the Terms of Service.

That aids in deferring the Liability to the user, but no one likes opening themselves up to any persecution. That's why the mods will come in and make sure no one's violating the agreement. I'm very impressed with Anandtech just because the mods actually monitor the server. Most forums have mods, but they hardly ever monitor the messages unless they are prompted to by a complaining user.

 

[Bleep]

persecution

????

 

[DaveSimmons]

And by liable I mean could they be sued if users started posting warez and pirated mp3s and stuff like that.

Sounds like you want to start a warez site. Don't bother, they (RIAA, etc.) can certainly shut you down even if they can't prosecute you for any existing violations.

 

[JetsFanatic]

Originally posted by: XZeroII
In a nutshell, yes they are. That's why there are moderators.

 

[p0ntif]

Originally posted by: DaveSimmons

And by liable I mean could they be sued if users started posting warez and pirated mp3s and stuff like that.

Sounds like you want to start a warez site. Don't bother, they (RIAA, etc.) can certainly shut you down even if they can't prosecute you for any existing violations.

No, I don't want to start a warez site Let's not jump to conclusions. This is stemming from the variance in deals forums from coupon codes and the like. it's the next logical step. Warez and mp3s are just the obvious comparison for illegal activity. i could have said kiddie porn, but then what would you think

 

[VTBigBear]

st@b!!!!!

 

[Aquaman]

Originally posted by: MercenaryForHire
"Section 5, Paragraph 7A, subsection B: While it is often suggested, ATOT will not be held responsible for any stabbings."

- M4H

LOL

Cheers,
Aquaman

 

[BrunoPuntzJones]

Didn't HardOCP face this with their forums? I wanted to say some mom tried to sue Kyle because of the forum.

 

[DanFungus]

Originally posted by: Aquaman

Originally posted by: MercenaryForHire
"Section 5, Paragraph 7A, subsection B: While it is often suggested, ATOT will not be held responsible for any stabbings."

- M4H

LOL

Cheers,
Aquaman

hahah, nice h4x0r speak there

 

[MainFramed]

Originally posted by: roncarter
I wish i could slap u

 

[Miramonti]

with the right lawyers you can sue just about anybody for anything and still win.

 

[Yossarian]

Originally posted by: PSYWVic
No, they are not liable and yes, one of the reasons companies incorporate is to shield the principals from certain liabilities.

BZZZZZ, wrong, Anandtech as a company is most definitely liable for stuff posted on their servers.

 

[xuanman]

my guess is that anandtech is very much liable for what is posted on their msg boards. if someone brought a cause of action for slander/libel/defamation that sort of thing, i think the chances of recovering damages is very small. the bigger concern is if someone posts links, msgs, etc about warez, stolen intellectual property, that sort of thing.

but i'm only a 1L, so what do i know?

 

[Keego]

Liable for RossMan going into debt? Hell yes! Me too!

 

[Vic]

Originally posted by: PipBoy

Originally posted by: PSYWVic
No, they are not liable and yes, one of the reasons companies incorporate is to shield the principals from certain liabilities.

BZZZZZ, wrong, Anandtech as a company is most definitely liable for stuff posted on their servers.

Only liable if they were to behave in a manner that made it appear that they endorsed illegal behavior. By using moderators and deleting inappropriate content in a timely manner plus establishing clear rules and punishing offenders, they have reduced their liability to almost nil.

 

[BD231]

Originally posted by: Scarpozzi

Read the Terms of Service.

That aids in deferring the Liability to the user, but no one likes opening themselves up to any persecution. That's why the mods will come in and make sure no one's violating the agreement. I'm very impressed with Anandtech just because the mods actually monitor the server. Most forums have mods, but they hardly ever monitor the messages unless they are prompted to by a complaining user.

I feel sorry for the man who has to sit around and be a mod, its gotta suck .