Scattered thoughts

Truly the most fitting title for a blog run by a man with A.D.D. Ironic that all blogs are just that. So, am I really saying anything at all?

Monday, August 6, 2007

Everything is good in moderation!

There is no law that states you are libel for the thought of others. Freedom of speech, includes freedom to publish personal thoughts. Personal publications, such as diaries and blogs, which are not documented with references are nothing more than thoughts. Your only obligation to those publications, is that you remove any questionable republication, if presented with a legal obligation to remove such content. It is not illegal, until a judge has determined it to be illegal. Innocent until proven guilty.

If the person requesting removal of content, has no proof of a law being broken, you can leave that content published, until proper due process has determined the legality. Just as you can live in any domicile, until law has determined you are to be removed.

If you use honest judgement, and make no claims of, "Active moderation of all posted content.", then it can not be legally assumed that the presence of a moderation ability, is claim to that statement. Unless you explicitly state anything, nothing is legally assumed. The only assumptions that can be drawn from facts, is that your publication uses a public submitted collection of thoughts and perceptions. (When references are not presented. For references to "Publications", the publication is libel for the content they have written. They are a self-claimed publication of factual statements and knowledge, with all expressed permissions outlined within copyright. EG, no copyright, no case.)

Yes, it is better to moderate, where your moderation is to remove any undesired or questionable content. That is your right, on your public hosted page of perceptions. It is yours, only by limitation. You do not own the internet, or the server, or the hard-drive, or the electricity used to contain the data. You did not force people to read your content in a public display, such as media advertisement, (Like a billboard). You did not pay for the viewers internet connection, or computer that reconstructs the 10100010101001 into the content they see. (They assume the risk of seeing potentially offensive media, beyond control, and with the right to stop viewing such content at any moment, by the ISP TOS they signed-up with.)

Just my 2cents...

(Show me a winning case on this matter, and I will avoid THAT situation. Show me the law that says I am libel for public thoughts, which others publish on my blog. These are not anonymous, posters can all be traced to any ISP. You have my permission to research the offenders, by your own means, when you have proven there was an actual offence. I will gladly remove anything that a judge has told me to remove.)

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