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[FYI] (Fwd) FC: More on France and liability; plus Israel, Sweden, Germany




------- Forwarded message follows -------
Date sent:      	Sun, 02 Jun 2002 23:40:35 -0400
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: More on France and liability; plus Israel, Sweden, Germany
Send reply to:  	declan@well.com

Previous Politech message:

"The death of unmoderated discussion groups in France?"
http://www.politechbot.com/p-03589.html

---

From: "JM" <jmfaure@mageos.com>
To: <declan@well.com>
Subject: RE : The death of unmoderated discussion groups in France?
Date: Fri, 31 May 2002 07:54:47 +0200

Hi,

It sounds there's nothing really new there. The case is about Pere
Noel site which is a commercial site in France, facing a lot of issues
with their customers. The related post texts were strongly denigrating
this commercial activity with libel and insulting post. This has never
been allowed in France.

Anyway this case remind us we can't provide a zero-moderation forum
with any content. But we aren't forced to check every post before
publication.

Best regards,

JM Faure

---

From: "Brandon Spun" <brandonspun@hotmail.com>
To: declan@well.com
Subject: Re: FC: The death of unmoderated discussion groups in France?
Date: Thu, 30 May 2002 12:39:53 -0400

This is a rough translation of the court decision (courtesy of babel
fish)

COURT OF BANKRUPTCY of Lyon, Room of the urgencies, May 28, 2002
28/05/2002 "Business Father Christmas": SA Father-Noel.fr counters Mr
F Mr., Miss E C and limited liability company Deviant Network
Slandering - Insults - Forum of discussion - Responsibility for the
managers (yes) - Law on the Freedom of the press Decision with format
pdf Extracts of the ordinance "(...) that it is constant that them [
responsible ] took the initiative to create a service of audio-visual
communication in order to exchange opinions on topics defined in
advance and in the species, relating to the difficulties encountered
by certain consumers vis-a-vis certain companies of sale; that they
cannot thus oppose a defect of monitoring of the messages which are
the object of this litigation; that they regard themselves as the
originators of the accused site and must thus answer of the
infringements which could be made on the site that they created

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Date: Thu, 30 May 2002 16:08:11 +0200
From: "BoazGuttmanAdv." <bg10@bezeqint.net>
Organization: B.GRG Ltd.
To: declan@well.com, benoit.tabaka@wanadoo.fr
Subject: Re: FC: The death of unmoderated discussion groups in France?

Thats very important decision.
Just today defamation suite was sent to Israeli District Court in Tel
Aviv against the 2 biggest online websites called:http://rotter.net
and www.walla.co.il .Beside these 2 big websites the suit was sent
also against the biggest ISP in Israel - http://www.netvision.net.il
All the media here deals today with the question if its the end of the
chat as well newsgroups here.The reason of the case was the websites
bypass  court order to ban publishing of a private person detail.
thanks for this important decision.i will add soon the pdf to my
faculty section in the cyber crimes page today in my websites. best
regards Boaz Guttman Adv. http://www.4law.co.il http://www.bgrg.co.il

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Date: Thu, 30 May 2002 15:21:30 +0200 (MEST)
From: Mikael Pawlo <mikael@pawlo.com>
X-Sender: mpawlo@kairos
To: Declan McCullagh <declan@well.com>
cc: politech@politechbot.com
Subject: Re: FC: The death of unmoderated discussion groups in France?

On Thu, 30 May 2002, Declan McCullagh wrote:
 > From: "Benoit Tabaka" <benoit.tabaka@wanadoo.fr> To:
 <declan@well.com> > Subject: The death of french unmoderated forums
 Date: Wed, 29 May 2002 > 22:40:01 +0200 > A short piece of news from
 France. Yesterday, a french lower Court decided > for the first time
 in Europe that a webmaster is responsible for comments > published by
 Net surfers on unmoderated forums of its Internet site. This >
 webmaster was sued for libel.
(---)

Declan,
Related legal development in Sweden:

"Aftonbladet, a leading Swedish evening newspaper, pulled down its
online comment forums, following a court ruling this week that it was
responsible for death threats against Jews posted on its site."

http://www.theregus.com/content/6/24265.html
and
http://www.theregister.co.uk/content/6/24632.html

"If the media companies and their publishers are held accountable for
everything published in their web forums we will soon face an Internet
where the possibility of a widened debate has been seriously damaged
by law. Let us grasp the uniqueness of the Internet before it is gone.
The Internet is not a newspaper."

Regards

Mikael

______________________________________________________________________
___

   ICQ:35638414                                mailto:mikael@pawlo.com
   +46-70 421 58 25                            http://www.pawlo.com/

---


Date: Sun, 02 Jun 2002 14:10:58 -0700
To: declan@well.com
From: radtimes <resist@best.com>
Subject: Steffi Graf wins battle against Microsoft

Steffi Graf wins battle against Microsoft

http://timesofindia.indiatimes.com/Articleshow.asp?art_id=11291147

TUESDAY, MAY 28, 2002  9:52:52 PM
AFP

COLOGNE: Former tennis star Steffi Graf won a legal battle against
Microsoft on Tuesday when a German court held the US software giant
responsible for users posting fake nude photos of her on its Internet
service.

The superior court here upheld a previous ruling in December that
photo montages of nude models topped with Graf's face, posted on
Microsoft Network's German online service, could legally be considered
company property.

Links to the photos were found on the Web site of the company's German
unit, and the pages featured Microsoft banner advertising.

[...]




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