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Lloyd A Davies · July 9th 06, 08:09 AM posted to rec.radio.amateur.policy,rec.radio.amateur.misc

wrote:
On Sat, 08 Jul 2006 11:01:41 -0700, Bob Officer wrote:
On Sat, 08 Jul 2006 09:40:21 -0700, in news.groups, Brian Mailman
wrote:

Jayne Kulikauskas wrote:

How likely are moderators to face legal problems for what gets posted
in their newsgroups and what can be done to protect moderators from
litigation? Is there some kind of insurance available, comparable to
doctors' malpractice insurance?

1. Some, at most, *maybe,* it's not really clear. IANAL, but I believe
you're reacting to Bob O.'s *repeated* (a-hem) claims of copyright
infringement, and you should check with a pr professional

1. IANAL

2. IIRC, Case Law goes back 20 years or so. One of the cases I recall
was a suit by a dive shop in the US VI. A person on CI$ had made a
false statement in a moderated public forum. The dive shop lost
business due to the false statement. The suit named CI$ and the the
Moderator. Both CI$ and the moderator lost. I think the moderator
managed to get the monetary award reduced substantially upon appeal
but it was still costly. This was many years ago.

3. The de facto Rule of Thumb I use, if you are a moderator, and the
article waiting for approval could be considered liable or defaming,
or adversely effect ones business, then the moderator could end up
taking the blunt of the punishment in any suit. ISP/NSPs seems to
have the ability to side step most of the financial liability by
federal law, shifting the cost to both the poster and the moderator.

4. Take the time and read what the AUP/TOS is for many NSP/providers.
Posters become responsible for the content their post. ISP and NSP
do not and are not about to start reviewing content. When they do
start reviewing content, it seems most modern jurist think that
shifts some of the responsibility to the Provider. then we enter into
the realm of 'deep pockets'.

which is why Iwont modurate any gruop and why nobody sohuld ether.
Poeple who think they will modurate anew rrap group sohuld think
twice abuot it if they dont want to be sued.

I think things are fine, the way they are....