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The Perils of Hosting Weblogs

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But still...
7/30/2002 2:59:47 AM
Posted By: Rick Brown


That's an FAQ that addresses certain issues, but it isn't an Acceptable Use Policy which sets out the
practices and prohibitions under which the blogs may be published. The rules, in other words. Where
are the rules? Such as "blogs that advocate hate speech or racial bigotry are prohibited." Or "offering
unregistered securities for sale is prohibited." Etc. For example, AOL and many ISPs have such policies
governing certain do's and don'ts spelled out for their customers. (AOL's is called the Terms of Service.)
Also, simply stating that the blog author retains the copyright may not be enough to exempt the publisher
from liability. A freelance columnist may retain copyright to his columns in a newspaper, but I assume
that wouldn't relieve the publisher from a libel suit.

I'm not a lawyer, so I can't state anything with expert authority. I'm just raising questions that ought to
be considered. I also wonder if weblogs are different legal animals than bulletin board type message
forums. Might a court look at responsibility for a libelous statement on a weblog differently than one in a
message forum? You might think, well, if the provider of one is immune, why wouldn't the provider of
the other be immune? But legal decisions many times hinge on the context in which the issue occurred.

I'm just incredulous that this issue isn't being addressed more prominently. It's as if the people who are
pushing for traditional media to do community blogs are so star-struck by the idea that they want to pretend
this risk doesn't exist. Even if there aren't any clear-cut answers, the issues should be aired front and center.



From Salon Blogs FAQ
7/26/2002 10:04:27 PM
Posted By: The One True b!X

http://www.salon.com/blogs/faq/index.html

Who owns the material I place on my Salon Blog?

You hold copyright to whatever you publish via Salon Blogs. Salon and Userland will not interfere with what you publish on your blog, except to enforce the Radio UserLand software license or in response to violations of the law.


Policy
7/26/2002 8:07:15 PM
Posted By: Rick Brown


I looked around, but couldn't find an Acceptable Use Policy for Salon's weblogs. Maybe I missed it, but if it isn't
there, it should be. Even with one, I assume legal issues remain involving how responsible Salon is for the content.



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