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Förderverein Informationstechnik und Gesellschaft
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------- 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
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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
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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/
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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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