[MUD-Dev] Re: MUD-Dev digest, Vol 1 #231 - 4 msgs

Peter malaprop at malaprop.org
Fri Nov 17 01:23:47 New Zealand Daylight Time 2000

<<EdNote: slightly reformatted for readability by moderator>>

Raph Koster listed: 

> It is, and there are. Just a short list of cases which can lead to
> trouble:
> - brand-damaging content posted by a user opening the host to
> liability (picture if someone uploaded graphic sexual imagery to a
> Disney-themed space. Disney is open to lawsuits on the part of
> users over something like that).
> - intellectual property issues (picture someone uploading Star
> Trek content to a Babylon 5 themed space, the operators are
> potentially liable for the IP violation).
> - copyright and fair use issues (picture someone uploading the
> script to the new Batman movie to your space. You are arguably a
> publisher of said content).
Actually, in one of the few good things to come from the DMCA, an
online service that lets users post things (and then
moderates/censors them or not) isn't liable for much of these.
Read more: http://techlawjournal.com/courts/zeran/47usc230.htm -
There's the text of the law as well as several cases that have
involked this. 

The text basically rules out the first and there may be be text I
haven't read yet covering two and three. I wouldn't worry about it
much though: big companies will just send you the formulaic Cease &
Desist letter from their Copious Legal Teams and give you a chance
to nuke it before they try to drag you into court. It's just cheaper
and easier for all concerned (and most lawyers will want to send
that C&D for legal reasons as well.)
IANAL, but I say go for it. 

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