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Originally Posted by dopeman
what if it's auto approved? this message board is auto approved. only after a photo has been 'published' will a moderator delete an image. but at that point, a prosecutor can say 'too bad, the photo was published'.
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But could the webmaster "reasonably" have been expected to moderate every single post on a very large message board? I don't think so. AOL is not expected to moderate all of their message boards for illegal content. They are expected to respond when they find out about a problem.
These are all questions that a jury will have to decide. One important key word will be "reasonable".
If you manually approve your TGP submissions, how are you going to convince a jury that you couldn't comply with 2257 laws because you didn't have control over the content that you manually approved?
Lensman can show a jury that his forum has millions of posts and tens of thousands of users, who are posting all of the time. That makes it a lot harder, if not impossible to "reasonably" manage all of the content.
This is the same type of rule that the government has been applying to hosts and ISPs for a long time. It makes sense to exclude certain types of sites from the regulations.