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Originally Posted by Mr.Fiction
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.
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that wasn't my scenario. i said 'what if your TGP script was set to auto approve any thumbnail submitted. how is that different than any of those countless 'image dump' sites on the net?
and as far as 'reasonable' goes, is it reasonable if a TGP is a one person show who also works full time and cannot find the time to moderate the site every day? if you say "well that person then should not run a tgp" I say "well AOL or forum owners should hire more moderators or not run their service".
again, this is moot point, since any small time operator that gets pinched isn't going to be able to afford the big time lawyers to fight this in a jury trial. they will plea.