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Legality of Banning a User

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  • #16
    Originally posted by tamarian
    My method, for any user who requests removal of all posts, is to say sure, we can do it. It will cost you $10 per post in advance to compensate for my time. And I require real name, and postal address and phone number, in order for me to verify they are the real author, and to send the invoice
    That's absolutely beautiful!
    Steve Machol, former vBulletin Customer Support Manager (and NOT retired!)
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    Mankind is the only creature smart enough to know its own history, and dumb enough to ignore it.


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    • #17
      Originally posted by smachol
      That's absolutely beautiful!
      Cool, it's now public domain and vB may include it in the registration form.
      vB Drupal Community Plumbing | vB Survey | vBusy | vB Spell | vBouncer

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      • #18
        Originally posted by tamarian
        My method, for any user who requests removal of all posts, is to say sure, we can do it. It will cost you $10 per post in advance to compensate for my time. And I require real name, and postal address and phone number, in order for me to verify they are the real author, and to send the invoice

        This way I'm not challenging their legal rights, simply asking for compensation for my time.
        And don't forget to also tell them that it's for security purposes. After all, how do you know he is who he says he is? That's why you need a real name, a real address, a real phone number, and a signed affidavit saying he is who he says he is and that the massive deletion is authorized by him, the original poster of those messages.
        Well, there it is.
        - Keeper of the Grove

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        • #19
          Thats a super idea. So i suppose you should include something [if there is not something already] in the liscence agreement right?

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          • #20
            Originally posted by tamarian
            My method, for any user who requests removal of all posts, is to say sure, we can do it. It will cost you $10 per post in advance to compensate for my time. And I require real name, and postal address and phone number, in order for me to verify they are the real author, and to send the invoice
            LOL!
            i love it
            My open eyes see everything, and you see nothing. . .
            That forum

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            • #21
              Another way is to tell the poster to delete his own posts by himself, one click after another.
              Well, there it is.
              - Keeper of the Grove

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              • #22
                Originally posted by s.molinari
                uh...ehem....

                I think you need to be careful here....
                Indeed, this is a very thorny issue!

                So as you see the responsibility for the content lies with the author. If he/she wants it removed then it should be removed.

                Scott

                Funny we have a similiar discussion going at vB-germany.
                At least in the US that clause will probably ruled invalid if you moderate (e.g. edit, delete) posts. Once you start censoring (e.g. moderating) your forums you are liable for every post, moderated or not. To put it another way, if you moderate a single post you're now liable for all of them. The actual liability would be held jointly between the forum owner and the post author, not simply the post author if you moderate.

                Of course, a user going 'erase all my posts' may not have a legal leg to stand upon since it is now your 'property' (maybe). My post in this thread covers legal liability for Common Carriers (forums w/o moderation): http://www.vbulletin.com/forum/showt...threadid=44478
                Matt
                Sybase DBA / PHP fanatic
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                • #23
                  Going back to the DPA thing, I took their online test to see if I needed to be registered for vB. They said I didn't (based on my answers).

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                  • #24
                    Originally posted by mondaynightmike
                    Thats a super idea. So i suppose you should include something [if there is not something already] in the liscence agreement right?
                    I would, if this happened on a regular bases. Fortunately, out of 6,000+ users, only one presented this problem.
                    vB Drupal Community Plumbing | vB Survey | vBusy | vB Spell | vBouncer

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                    • #25
                      Originally posted by s.molinari

                      So as you see the responsibility for the content lies with the author. If he/she wants it removed then it should be removed.
                      A few distinctions here:

                      1. The issue here (in this thread) is not about posts that are legally troublesome due to content. It's about a user demanding mass removal of all their threads and posts, which could be thousands. The demand to remove is not due to "responsibility", they're just p.o.'ed that you enforced your forum rules about SPAM or whatever they agreed not to do.

                      2. Removal was not rejected, just had a price tag on it

                      3. When you delete their posts and threads, you also impact other posters, and alter their content by simply deleting what they are responding to, or make them appear out of context. Who's job is it to sort all this mess, and will you end up liable yet again for complying with their "legal request"?

                      The whole $10/post thing is to just to make them go away. Serious requests for removal of specific threads due to privacy or anything that makes sense are always accomodated.
                      vB Drupal Community Plumbing | vB Survey | vBusy | vB Spell | vBouncer

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                      • #26
                        Maybe this has already been pointed out, but the usage agreement can include a clause stating that posts made in forums that are readable by everyone (ie. Guest) are automatically entered into Public Domain just as soon as they're posted. That way no one can claim ownership or be held liable. Worst case, the board-admin can be said to have some form of editorial responsibility, like we saw in countless discussions about USENET a few years back.
                        Toddler from Hell

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