The Depths of the Sea has been closed

[Celtkin]

We ARE NOT going to jeopardize our relationship with advertisers or risk suit...PERIOD.

One addition to the law of libel is the Communications Decency Act, a 1996 law passed by Congress, which ruled that ISPs could not be sued for libel based on messages posted through their services, assuming they did not take an active role in editing them. Volokh says even that law was unnecessary since ISPs, under traditional common law rules, should be no more liable for the messages they post than bookstores would be liable for selling a book that contains a defamatory falsehood without their knowledge.

What happens when a Webmaster does play an active role was the subject of another recent case in an Ohio state court. In that case, Lori Sabbato, a Jackson Township, Ohio, woman, found herself being accused of being a drug dealer--among other things--on a politically-oriented Internet bulletin board maintained by the University of Akron.

Again, the poster was anonymous, but the Webmaster was known: a professor at the university named James Hardy. Hardy edited the bulletin board, posted messages of his own, directing the discussion, and would even exclude posters whose opinions he did not care for, says Craig Conley, Sabbato's lawyer.

Sabbato sued Hardy and eventually found out that the person attacking her was Christopher Ruddy, a local police lieutenant who did not know Sabbato, but who may have picked on her because she was a woman who posted under her own name.

The more important result is that the appellate court ruled the case against the Webmaster should not be dismissed if there was an allegation that the Webmaster had participated in the libel. The appellate court reversed the trial court's dismissal, and sent the case back to hear evidence. Hardy, for his part, denied that he had had any involvement in the allegedly libelous posts, and no court found that he had.*

Forbes

We are like Hardy in this case. We do moderate post and we do post content here ourselves. We are not exempt like a ISP who just provides bandwidth and has no editorial control over content.

As I mentioned earlier, even if we are sued and the case is later dismissed or we prevail, we will be broke and be out of business.

So, for those of you who insist that we can't be sued, you see that we can. For those of you who persist in wanting us to defy our advertisers and risk suit, well, we can all see that your interest does not lie with Finheaven preserving itself but rather in your brand of fun.

As I alluded to in another post, we are considering a Smack forum that will be compliant with the TOS and with our advertisers.

 

[BuffaloStampede]

Guys, the Depths are gone and so are personal attacks. Comment only on the post. Please keep personal remarks to yourself.

I guess we'll just have to troll the main forums now. :evil:

 

[retired opfinistic]

I'm really going to miss the depths, does this mean Bills fans can't troll the boards here anymore?:tantrum:

You will be missed as well. Troll away....carefully.

 

[retired opfinistic]

We ARE NOT going to jeopardize our relationship with advertisers or risk suit...PERIOD.



Forbes

We are like Hardy in this case. We do moderate post and we do post content here ourselves. We are not exempt like a ISP who just provides bandwidth and has no editorial control over content.

As I mentioned earlier, even if we are sued and the case is later dismissed or we prevail, we will be broke and be out of business.

So, for those of you who insist that we can't be sued, you see that we can. For those of you who persist in wanting us to defy our advertisers and risk suit, well, we can all see that your interest does not lie with Finheaven preserving itself but rather in your brand of fun.

As I alluded to in another post, we are considering a Smack forum that will be compliant with the TOS and with our advertisers.

Damned lawyers! Now I gotta join a Law MB and smack lawyers around for ruining 'my brand of fun'.

I gotta comment that this country, as great as it is, has caused everyone to turn into a ***** regarding matters like this. I'm not pointing a finger in FH's direction, it's everywhere and it sucks. Why are medical costs so high? Lawyers and malpractice suits. Why is car insurance so high? Lawyers milking insurance companies for all they can. Why are the Depths gone? Lawyers and the threat they impose to FH.

I'm starting to sound like my senile uncle.

 

[HurriPhin]

FinHeaven needs a trash talking forum!

The Depths have been sunk and its treasures of trash talking, witty comebacks, and edgy humor have also been lost. Though smack talk is an intricate part off football's mentallity the tyrannical mods have thought otherwise and denied us the freedom of speech. Sensible football talk will always be had on this board but where shall we blow off steam, belittle Jill fans or just spew some tihs.

:fire: All those in favor of a new trash talking forum rise up and be heard! :fire:

 

[finsrclowns]

Here here! I've even got a catchy name for your excellent idea- let's call it "the Depths of the Sea".

 

[Celtkin]

The Depths have been sunk and its treasures of trash talking, witty comebacks, and edgy humor have also been lost. Though smack talk is an intricate part off football's mentallity the tyrannical mods have thought otherwise and denied us the freedom of speech. Sensible football talk will always be had on this board but where shall we blow off steam, belittle Jill fans or just spew some ****.

:fire: All those in favor of a new trash talking forum rise up and be heard! :fire:

If by "new" you mean one that complies with the TOS, I may agree with you. We are discussing that possibility now.

As for your freedom of speech We are a message board, not the government. We can limit your libel and trash talk that violates the TOS.

And for the record, no "Mods" played a part in this decision. The decision was made by the Admins.

 

[Celtkin]

I guess we'll just have to troll the main forums now. :evil:

That would make for a short lived experience for you.

 

[retired opfinistic]

Here here! I've even got a catchy name for your excellent idea- let's call it "the Depths of the Sea".

Excellent name.

 

[cnc66]

If by "new" you mean one that complies with the TOS, I may agree with you. We are discussing that possibility now.

As for your freedom of speech We are a message board, not the government. We can limit your libel and trash talk that violates the TOS.

And for the record, no "Mods" played a part in this decision. The decision was made by the Admins.

yer alright, takin' the heat...

 

[retired opfinistic]

Closing the Depths is like releasing the prisoners back into society.

 

[TotoreMexico]

I like arsenal's idea, is that possible mods/admins?

 

[Celtkin]

Closing the Depths is like releasing the prisoners back into society.

Yeah but we have all your 'wanted' posters and the Mods have "shoot on sight" orders if they see you messing with the the non-convict forums. :wink:

 

[arsenal]

Closing the Depths is like releasing the prisoners back into society.

in the case of the bills fans, id say more like releasing the mental patients back into society...

but Celtkin, cant there be a waiver form or some kind of release that people have to agree to before entering the room... then you have it as a private room like the VIP... one expressing clearly that Finheaven will not be held accountable for any material posted or read in the forum and the by entering the forum the user is agreeing to not file any suit against finheaven for anything posted by other uses of the forum, or something to that sort...

there has to be a lawyer who posts on here who would be able to have some input as to if that could work...

 

[cnc66]

Yeah but we have all your 'wanted' posters and the Mods have "shoot on sight" orders if they see you messing with the the non-convict forums. :wink:

[does the duck and cover]