On Mon, Mar 15, 1999 at 11:31:24AM -0700, Dan Lester wrote:
> At 06:32 PM 3/14/99 -0800, you wrote:
> >OBonTopic: What's the legal exposure of a list owner who allows
> >(i.e., does have a moderated list) copyright violation? If someone
              ^not
> >posts a crack for a commercial program is the listowner liable for
> >federal criminal prosecution under public law 105-304 signed by
>
> I doubt it has been tested in court, but if the owner/editor of a moderated
> list allowed it, knowing what it was, then I'd say he's liable.  Of course
> that is also a reason for having an unmoderated list.  And that is also a

I left out a "not." There have been court cases that cover moderated
forums. If the moderator exercises *any* editorial control then s/he
is liable for *all* content, IIRC. What I'm curious about is how the
court chips are going to fall on an unmoderated list host. Will they
be exempt from liability (and now, criminal charges) as common
carriers are, or will they be liable even though they cannot control
the content?

-rex
--
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