FC: More on France and liability; plus Israel, Sweden, Germany

From: Declan McCullagh (declanat_private)
Date: Sun Jun 02 2002 - 20:40:35 PDT

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    Previous Politech message:
    "The death of unmoderated discussion groups in France?"
    From: "JM" <jmfaureat_private>
    To: <declanat_private>
    Subject: RE : The death of unmoderated discussion groups in France?
    Date: Fri, 31 May 2002 07:54:47 +0200
    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
    Best regards,
    JM Faure
    From: "Brandon Spun" <brandonspunat_private>
    To: declanat_private
    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
    Date: Thu, 30 May 2002 16:08:11 +0200
    From: "BoazGuttmanAdv." <bg10at_private>
    Organization: B.GRG Ltd.
    To: declanat_private, benoit.tabakaat_private
    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.
    Date: Thu, 30 May 2002 15:21:30 +0200 (MEST)
    From: Mikael Pawlo <mikaelat_private>
    X-Sender: mpawlo@kairos
    To: Declan McCullagh <declanat_private>
    cc: politechat_private
    Subject: Re: FC: The death of unmoderated discussion groups in France?
    On Thu, 30 May 2002, Declan McCullagh wrote:
     > From: "Benoit Tabaka" <benoit.tabakaat_private> To: <declanat_private>
     > 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.
    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."
    "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."
       ICQ:35638414                                mailto:mikaelat_private
       +46-70 421 58 25                            http://www.pawlo.com/
    Date: Sun, 02 Jun 2002 14:10:58 -0700
    To: declanat_private
    From: radtimes <resistat_private>
    Subject: Steffi Graf wins battle against Microsoft
    Steffi Graf wins battle against Microsoft
    TUESDAY, MAY 28, 2002  9:52:52 PM
    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
    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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