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Originally Posted by Conqueror  1) I have looked at all 40-some pages of the thread in question. Like Ed said, at no point was there any actual pornography in the thread. The pictures available were no worse than the pictures in Maxim or FHM magazine, which are not age-restricted publications and may be freely sold to minors in bookstores. Scantily-clad women are not pornography.
4) A few of you have posted stuff like "they better not hide behind 'we are not responsible for user-submitted content.'" That's an asinine thing to say. It's not a dodge, it's the law. Courts have ruled on multiple occasions that message boards are not responsible for user posts. Otherwise I could suddenly post beastiality on MCB and the admins would go to prison along with me, which obviously would not be fair.
CQ |
Point 1. "No worse than Maxim or FHM". There are States where those magazines are sold from behind the counter BECAUSE of the nature of their content. The nature of their content is advertised by the kinds of cover pictures they put on them. PBNation has not ever advertised itself as 'like Maxim or FHM', so far as I'm aware. If the opening page of PBN featured a pic of a scantily clad woman with the legend "Just Like Maxim, but with some Paintball too", then your excuse might hold some water - but in this case - not.
Point 2: the "law" states that hosts CAN be held responsible if inappropriate activities take place that they are made aware of and if they FAIL to take proper actions. Go look up your internet law again. Assuming that part of the law is assinine and doesn't apply to you is a sure way to get yourself in trouble. The case that made that law was decided AGAINST AOL because they knowingly allowed users to place copyright infringing materials on their servers and AOL had the MISTAKEN belief that they weren't responsible for removing it, so they ignored it, just like you are. If users on MCB posted beastiality pics, if it was brought to MCB admin's attention and they said "we can ignore it because a user posted it", they'd be liable. Fortunately, the RESPONSIBLE, ADULT, MATURE members at MCB would run the poster off before it even became that much of an issue.
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