Lavinia 4 | 495 ☆☆ Freelance Writer
Oct 03, 2007 | #81
my goodness, how many times are you going to say you're done posting and then post anyway? i'm starting to not believe you.
and all those students in the UK don't see the need to quote citations in their essays.
good job reading only the first page of the ruling. something you would have read if you had made it to the second page:
"We further hold that section 230(c)(1) immunizes individual "users" of interactive computer services, and that no practical or principled distinction can be drawn between active and passive use."
"By declaring that no "user" may be treated as a "publisher" of third party content, Congress has comprehensively immunized republication by individual Internet users."
That's either a blatant lie or you didn't actually read the case. Either way, that is factually false as an integral component of the complaint was that Rosenthal was warned and refused to remove the offensive material (further from the case):
"They alleged that Rosenthal republished various messages even after Dr.
Barrett warned her they contained false and defamatory information."
Furthermore, notice does not confer liability because that would destroy free speech on the net. From Barrett v. Rosenthal again:
"Similarly, notice-based liability would deter service providers from
regulating the dissemination of offensive material over their own services. Any
efforts by a service provider to investigate and screen material posted on its
service would only lead to notice of potentially defamatory material more
frequently and thereby create a stronger basis for liability. Instead of subjecting
themselves to further possible lawsuits, service providers would likely eschew any
attempts at self-regulation.
"More generally, notice-based liability for interactive computer service
providers would provide third parties with a no-cost means to create the basis for
future lawsuits. Whenever one was displeased with the speech of another party
conducted over an interactive computer service, the offended party could simply
'notify' the relevant service provider, claiming the information to be legally
defamatory. . . . Because the probable effects of distributor liability on the vigor
of Internet speech and on service provider self-regulation are directly contrary to §
230's statutory purposes, we will not assume that Congress intended to leave
liability upon notice intact." (Zeran, supra, 129 F.3d at p. 333.)
Now, I realize that your a big time barrister and all, but I'll rely on a state supreme court's interpretation of law before i rely on yours. that's just a judgement call.
exactly why i criticized you in the first place. your actions are distasteful. if you truly felt that you had an actionable complaint, the classy thing to do would have been to take it up with the mod privately. instead, you post all over this forum about it even while claiming that your senior partner wants you to stop posting:
oh, and since you hinted at negligence, section 230 has also been used to protect against that too.
julie24963I just did not see the need on a forum to quote citations as one would do in an essay.
and all those students in the UK don't see the need to quote citations in their essays.
Quoting: julie24963Under the common law, "distributors" like newspaper vendors and book sellers are liable only if they had notice of a defamatory statement in their
merchandise. - taken direct from the ruling in this case
merchandise. - taken direct from the ruling in this case
good job reading only the first page of the ruling. something you would have read if you had made it to the second page:
"We further hold that section 230(c)(1) immunizes individual "users" of interactive computer services, and that no practical or principled distinction can be drawn between active and passive use."
"By declaring that no "user" may be treated as a "publisher" of third party content, Congress has comprehensively immunized republication by individual Internet users."
julie24963As for your citation with regard to Barrett v Rosenthal 40 Cal.4th 33, 146 P.3d 510, 51 Cal.Rptr.3d 55 (Cal. Sup. Ct., Nov. 20, 2006) this only applies if the provider of the service has not been given notice of the defamatory comments. Where the provider has received such notice and continues to allow such comments they can have action taken against them
That's either a blatant lie or you didn't actually read the case. Either way, that is factually false as an integral component of the complaint was that Rosenthal was warned and refused to remove the offensive material (further from the case):
"They alleged that Rosenthal republished various messages even after Dr.
Barrett warned her they contained false and defamatory information."
Furthermore, notice does not confer liability because that would destroy free speech on the net. From Barrett v. Rosenthal again:
"Similarly, notice-based liability would deter service providers from
regulating the dissemination of offensive material over their own services. Any
efforts by a service provider to investigate and screen material posted on its
service would only lead to notice of potentially defamatory material more
frequently and thereby create a stronger basis for liability. Instead of subjecting
themselves to further possible lawsuits, service providers would likely eschew any
attempts at self-regulation.
"More generally, notice-based liability for interactive computer service
providers would provide third parties with a no-cost means to create the basis for
future lawsuits. Whenever one was displeased with the speech of another party
conducted over an interactive computer service, the offended party could simply
'notify' the relevant service provider, claiming the information to be legally
defamatory. . . . Because the probable effects of distributor liability on the vigor
of Internet speech and on service provider self-regulation are directly contrary to §
230's statutory purposes, we will not assume that Congress intended to leave
liability upon notice intact." (Zeran, supra, 129 F.3d at p. 333.)
Now, I realize that your a big time barrister and all, but I'll rely on a state supreme court's interpretation of law before i rely on yours. that's just a judgement call.
Quoting: julie24963Besides that the action that is being taken is not concerned with defamation anyway so try again!
exactly why i criticized you in the first place. your actions are distasteful. if you truly felt that you had an actionable complaint, the classy thing to do would have been to take it up with the mod privately. instead, you post all over this forum about it even while claiming that your senior partner wants you to stop posting:
julie24963At present I have been advised to discontinue posting on here by my senior partner as it could effect the outcome of the proposed action. I am not at liberty to discuss this further and so for now this is the last post I will be making.
oh, and since you hinted at negligence, section 230 has also been used to protect against that too.
