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> There was a court decision ... Out of curiosity, what was the court decision? I've been thinking about this recently from the same perspective; that once you

> There was a court decision ... Out of curiosity, what was the court decision? I've been thinking about this recently from the same perspective; that once you start allowing moderation then you should lose the shield of liability, but wasn't aware that this had been articulated by the courts previously.

dillonmckay 8y ago
I think DMCA in 1996? [edit] DMCA was passed in 1998, based on WIPO treaties from 1996.
- andrewla 8y ago
  The DMCA had the safe harbor provisions, which the GP claimed were added in response to a court case. It's that court case that I'm interested in learning more about, because it sounds like the logic used in that case mirrors my own thoughts on the issue and I'm curious to see if that is the case.
DuskStar 8y ago
The EFF has a good page on CDA 230 here [0]. The relevant court cases are the 1991 case 'Cubby, Inc. v. CompuServe, Inc' [1] and 1995's 'Stratton Oakmont, Inc. v. Prodigy Servs. Co.' [2]. In 'Cubby', CompuServe was found to have no liability for content hosted on their site as they did no moderation themselves, had no knowledge of specific content on their site, and were thus not a publisher. In 'Prodigy', Prodigy Services was found to have liability as their moderation practices were judged to make them the publisher of the content. CDA 230 was the legislative response to this, allowing companies to not assume liability for moderating content. 0: https://www.eff.org/issues/cda230/legislative-history https://www.eff.org/issues/cda230/legislative-history 1: (https://en.wikipedia.org/wiki/Cubby,_Inc._v._CompuServe_Inc. https://en.wikipedia.org/wiki/Cubby,_Inc._v._CompuServe_Inc.) 2: (https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prodigy_Services_Co. https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prod...)

3 ms·

> There was a court decision ... Out of curiosity, what was the court decision? I've been thinking about this recently from the same perspective; that once you

by andrewla 8y ago

dillonmckay 8y ago
I think DMCA in 1996? [edit] DMCA was passed in 1998, based on WIPO treaties from 1996.
- andrewla 8y ago
  The DMCA had the safe harbor provisions, which the GP claimed were added in response to a court case. It's that court case that I'm interested in learning more about, because it sounds like the logic used in that case mirrors my own thoughts on the issue and I'm curious to see if that is the case.
DuskStar 8y ago
The EFF has a good page on CDA 230 here [0]. The relevant court cases are the 1991 case 'Cubby, Inc. v. CompuServe, Inc' [1] and 1995's 'Stratton Oakmont, Inc. v. Prodigy Servs. Co.' [2]. In 'Cubby', CompuServe was found to have no liability for content hosted on their site as they did no moderation themselves, had no knowledge of specific content on their site, and were thus not a publisher. In 'Prodigy', Prodigy Services was found to have liability as their moderation practices were judged to make them the publisher of the content. CDA 230 was the legislative response to this, allowing companies to not assume liability for moderating content. 0: https://www.eff.org/issues/cda230/legislative-history https://www.eff.org/issues/cda230/legislative-history 1: (https://en.wikipedia.org/wiki/Cubby,_Inc._v._CompuServe_Inc. https://en.wikipedia.org/wiki/Cubby,_Inc._v._CompuServe_Inc.) 2: (https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prodigy_Services_Co. https://en.wikipedia.org/wiki/Stratton_Oakmont,_Inc._v._Prod...)