On Mon, 1 Mar 1999, Javilk wrote:
> I wonder if any one knows what avenues a web operator such as myself has
> regarding these problems, what kind of response to the e-mail we
> received, etc. might be reasonable.
>
> I would hate to remove an article which appears, at least on the
> surface, to have some merit, particularly since comments were made in
> Scientific American regarding dangers from these products. Some of
> these so called algae products (though possibly not theirs,) have
> adversely affected me when I tried them, rendering me almost incapable
> of performing basic life activities for several days after only one
> dose.
If you don't subscribe to the CYBERIA-L mailing list
(http://www.ljextra.com/forumpages/cyberia.html), it might be worth
consulting. Besides being just plain interesting reading a lot of the
time, the list includes a number of the leading personalities in 'Net law.
If nothing else, I'd suggest searching their archives
(http://www.ljx.com/mailinglists/cyberia-l/search.html) for the thread on
"Remedy against anonymous web site" in early January, which dealt with who
could be held liable for defamatory content published anonymously. The
general concensus seemed to be summed up by this quote:
> ...if the information is true, then it can remain (with a brave ISP)
> and/or the information can be disseminated by the other methods and more
> (BBB, consumer groups, 60 minutes), in which case the bad person will be
> investigated/prosecuted etc. But if it's false, how can you let the Web
> Host participate in the process of harming the unjustly injured person
> after notice that the information is false. I do not think you can.
Ultimately (and I, of course, am not a lawyer, nor do I play one on TV),
the question appears to be whether the information is true or not. If I
were in your shoes, I think I'd get together with my legal counsel and
(unless, of course, they advise differently) draft a response letter,
indicating that I was willing to comply with whatever the court rules in
their suit against the author of that document, but that you don't intend
to pull the document otherwise unless they provide some pretty conclusive
evidence to contradict it. (As a concession, perhaps you might offer to
host their response to the content in question...)
---
Mark Roedel || "While I'm fully aware that money can't buy
Systems Programmer || happiness, I wouldn't mind being known as
LeTourneau University || 'that melancholy guy who drives the red
Longview, Texas || Lamborghini Diablo.'" -- George Olson
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