Ethics of dumping an abusive forum administrator by duplicating their forum
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What if instead of storing posts in my site which makes me legally responsible in some jurisdictions, store them in blogger blogs and mix the blogs together in the client side (the browser) to look like a forum?
Distribution: Debian Sid AMD64, Raspbian Wheezy, various VMs
Posts: 7,680
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Originally Posted by Ulysses_
What if instead of storing posts in my site which makes me legally responsible in some jurisdictions, store them in blogger blogs and mix the blogs together in the client side (the browser) to look like a forum?
If you're so worried about protecting yourself from legal issues, my best advice is:
"DON'T"
DON'T copy any material and instead start an entirely original forum
DON'T start a forum at all if you have so much wariness about the potential behavior of the participants where you think that you the administrator could be held liable
Personally if I were to start a blog or forum and people posted stuff it would either be active, or not. If it were not active, no issue and I'd delete it knowing no one cares what I think or post. If it were very active, well I'd pay attention to what was posted on it and moderate it until it grew to such size that I could no longer moderate it alone and thus ask some of the most active members to become moderators.
Nothing wrong with posting general rules along with an implied disclaimer that if anything posted is questionable or clearly illegal, it will be removed when discovered and the posters may be removed from the site, etc, etc.
If you plan to host a forum and then ignore it if some members start some entire illegal topic discussion and permeate that a lot, and you ignore it entirely. I'm still not sure you're culpable, just ignorant because you didn't moderate and notice. So you'd be some accessory before or after the fact. And I'm doubting even if it were a very bad crime or crimes that you'd be held deeply responsible. After all, you'd also be hosting a public forum and wouldn't that make the other participants similarly culpable for not noticing something like that, as well as the general law enforcement would could monitor and notice and do something to prevent in advance?
As 273 says, talk to an attorney. They'll tell you whether or not there's any concern. Talk to the right lawyer, and they'll give you a free consult and pretty much tell you it matters or it doesn't. I'm sure you can consult with 2 or more attorneys in the same fashion to compare notes.
Distribution: Debian Sid AMD64, Raspbian Wheezy, various VMs
Posts: 7,680
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Originally Posted by Ulysses_
Facebook would never have existed if everyone thought like this. If so many social media can do it legally, so can I.
Have you any idea how much time and money Facebook spend on legal matters? The very site was subject of a huge legal wrangling over years and a few others crop up all the time. Then there's the "pornography" problems regarding the showing or not of mammary glands.
I wouldn't be surprised if Facebook's legal costs were higher than their hosting costs and ,remember, that this is one of the companies lobbying (read paying) governments and lawmakers to see it as a "good guy" not some random forum with a few hundred members.
Actually I was asking: does anyone know forums where legal advise is given?
Where are you? The US? Call several attorneys and ask them questions. They won't bill you for an initial consultation. It is the most rapid way to determine if there's anything to worry about versus not.
Hypothetical: My neighbor cheated me out of $100, do I have a case?
Attorney: Asks whether or not there was a contract either agreed upon verbally or written down. Asks for a summary of your position on the matter, i.e. what happened where you feel your neighbor has 100 of your dollars.
They respond either (A) you have a case, but you're talking $100 so take it to small claims court, or you can pay me $2,000 to represent you and get you your $100 back. Or (B) you have no case, you certainly can try to pursue it, but I don't recommend it. (Phone clicks off)
Attorneys don't waste much time. They will give you first level advice, a litmus test result to let you know if there's any risk and then agree to provide you with services, or advise you that there's absolutely nothing to pursue/worry about.
So if in the US, or a locale where attorneys do provide free initial consultations, do that and get enough information to determine if you need the protection level that Facebook has, or if whatever you're thinking about is so small potatoes that no one would ever care to chase you down about it ever.
I'm sure there are likely legal advice forums. Seek them out via a web search, but I recommend you just call two or so attorneys to discuss your concerns.
What about instead of a site, offering a browser addon that mixes blogs and makes them look like a forum?
Members would have passwords to their respective blogger.com blogs, therefore full responsibility for whatever they say and post. And it would be blogger's job to remove offensive accounts.
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