Are we liable for comments by our readers?

Alexander Turcic · 08-27-2005, 09:09 AM

Imagine getting sued by a company over comments other people have made on your website. Scary? It just happened to SEO Book author Aaron Wall: If you boil it down to its essence, the plaintiff is claiming damages of $10,000 and irreparable harm due to comments that other people left on Aaron's blog.

Although I think Mobileread is doing a good job moderating inappropriate content, however this case may turn out, it's not clear what liability we're exposing ourselves to.

derekweb · 08-27-2005, 11:38 AM

My own *personal* opinion is that the sueing company is out of their mind. I can see it easilly as something for which the web community *might* pull together and be able to apply a LOT of pressure against that company for being stupid.

If someone posts illegal information on a website, regardless of where, you go after that PERSON! It's like me sueing McDonalds because I put their HOT coffee between my legs and as I'm going through the drive through, I squeeze. The end result, aside of not being able to reproduce for a while, is something that is MY OWN FAULT. Not McDonalds. /shrug/

It's a concept of responsibility, and I dont' see that company as taking it very seriously or very well. Again, as a PERSONAL comment, I think that the company should be sueing to get the identity information on the classified JOHN DOEs instead, and then going after each of them in court. But that's me.

Regardless of whatever I think, several people have it pegged correctly that this will indeed set a very serious and important tone for bloggers everywhere. I disagree that it's only something that business bloggers should pay attention to, because a blogger is a blogger is a blogger and this rulling will apply to ALL BLOGGERS. That is the scope, and the danger, for the bloggers.

TadW · 08-27-2005, 02:19 PM

Here is the original source and the person who is being sued:

http://www.seobook.com/archives/001130.shtml

The real kicker is that the comments in question are over one year old!

Chaos · 08-27-2005, 04:12 PM

...

I really can't think of anything to say. The stupidity of some people/corporations seems to be only outweighed by their endless greed. First, suing over old, old comments. Seems kinda stupid. Second, suing the blog owner for... What exactly? The comments weren't made by him. So they're suing him for owning a website where people can... Do what exactly? Reading the post TadW pointed to, they don't seem to be suing him for anything in particular.

I don't know, but if this same mentality is extended to web forums, IRC networks, and so on, then a lot of people could be having a lot of problems...

One thing I don't see on SEO Book (the website of the person being sued) is any sort of note about comments being the responsibility of whomever posted them (or something along those lines)... Any idea on whether such a notice might have helped either avoid a lawsuit, or at least make it more pointed a lawsuit? I don't know how much those type of notes actually 'count' in the eyes of a greedy corporation... But maybe it would count for something.

TadW · 08-27-2005, 05:02 PM

Quote:

Originally Posted by Chaos

...One thing I don't see on SEO Book (the website of the person being sued) is any sort of note about comments being the responsibility of whomever posted them (or something along those lines)... Any idea on whether such a notice might have helped either avoid a lawsuit, or at least make it more pointed a lawsuit? I don't know how much those type of notes actually 'count' in the eyes of a greedy corporation... But maybe it would count for something.

Good idea. Perhaps something for MR to consider as well.

08-27-2005, 09:09 AM	#1
Alexander Turcic Fully Converged Posts: 18,175 Karma: 14021202 Join Date: Oct 2002 Location: Switzerland Device: Too many to count here.	Are we liable for comments by our readers? Imagine getting sued by a company over comments other people have made on your website. Scary? It just happened to SEO Book author Aaron Wall: If you boil it down to its essence, the plaintiff is claiming damages of $10,000 and irreparable harm due to comments that other people left on Aaron's blog. Although I think Mobileread is doing a good job moderating inappropriate content, however this case may turn out, it's not clear what liability we're exposing ourselves to.

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08-27-2005, 11:38 AM	#2
derekweb Groupie Posts: 160 Karma: 3134 Join Date: Jun 2004 Location: United States Device: Palm Treo 700p & iPaq hx2755	My own personal opinion is that the sueing company is out of their mind. I can see it easilly as something for which the web community might pull together and be able to apply a LOT of pressure against that company for being stupid. If someone posts illegal information on a website, regardless of where, you go after that PERSON! It's like me sueing McDonalds because I put their HOT coffee between my legs and as I'm going through the drive through, I squeeze. The end result, aside of not being able to reproduce for a while, is something that is MY OWN FAULT. Not McDonalds. /shrug/ It's a concept of responsibility, and I dont' see that company as taking it very seriously or very well. Again, as a PERSONAL comment, I think that the company should be sueing to get the identity information on the classified JOHN DOEs instead, and then going after each of them in court. But that's me. Regardless of whatever I think, several people have it pegged correctly that this will indeed set a very serious and important tone for bloggers everywhere. I disagree that it's only something that business bloggers should pay attention to, because a blogger is a blogger is a blogger and this rulling will apply to ALL BLOGGERS. That is the scope, and the danger, for the bloggers.

08-27-2005, 02:19 PM	#3
TadW Uebermensch Posts: 2,583 Karma: 1094606 Join Date: Jul 2003 Location: Italy Device: Kindle	Here is the original source and the person who is being sued: http://www.seobook.com/archives/001130.shtml The real kicker is that the comments in question are over one year old!

08-27-2005, 04:12 PM	#4
Chaos Evangelist Posts: 418 Karma: 281 Join Date: Jul 2004 Location: Canada Device: Assorted older devices	... I really can't think of anything to say. The stupidity of some people/corporations seems to be only outweighed by their endless greed. First, suing over old, old comments. Seems kinda stupid. Second, suing the blog owner for... What exactly? The comments weren't made by him. So they're suing him for owning a website where people can... Do what exactly? Reading the post TadW pointed to, they don't seem to be suing him for anything in particular. I don't know, but if this same mentality is extended to web forums, IRC networks, and so on, then a lot of people could be having a lot of problems... One thing I don't see on SEO Book (the website of the person being sued) is any sort of note about comments being the responsibility of whomever posted them (or something along those lines)... Any idea on whether such a notice might have helped either avoid a lawsuit, or at least make it more pointed a lawsuit? I don't know how much those type of notes actually 'count' in the eyes of a greedy corporation... But maybe it would count for something.

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