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To: beaversmom
"I think the plaintiff's lawyer is going to have an uphill battle. I don't know how you could say that AOL had some kind of obligation or duty to confirm [a statement] before allowing [a participant] to post it. It seems awful far-reaching to me," Tarallo said.Two thoughts:

One, if AOL moderates its chat rooms, then it is by definition a 'publisher'. By allowing some content and not others it is setting itself up as an arbiter, 'blessing' some material.

Second, AOL has the power to unplug any of its subscribers and thus has an obligation to all of its members.

I'm not so sure that AOL's user agreement is sufficient to cover its liability

6 posted on 01/06/2006 5:00:59 AM PST by IncPen (Torture should be safe, legal, and rare.)
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To: IncPen

Yeah, but the plaintiff has to prove damage before AOL alleged liabilities matter, nicht wahr?


35 posted on 01/06/2006 6:01:53 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: IncPen

I just want to let you and everyone here know that I have known InkPen almost my whole life, and I can tell you here that he is dirty, sneaky and will pee in your pocket every chance he gets, and if he denies what I just said, he is a stinking liar, so there!


69 posted on 01/06/2006 9:58:11 AM PST by Old Professer (Fix the problem, not the blame!)
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