XENOPHONZ opened this issue on Mar 07, 2006 ยท 42 posts
spedler posted Tue, 07 March 2006 at 12:06 PM
but the ones that I have heard about resulted in the internet provider winning the lawsuit every time. You might want to check out Godfrey vs Demon Internet. This is UK law but was a landmark decision in its day. IIRC a Dr. Godfrey held he had been libelled in a Usenet posting which was stored on news servers owned by Demon, then one of the UK's largest ISPs. He asked Demon to remove it (despite the fact that the post was stored on many other Usenet servers around the globe) and they did not do so. At trial the judge found that Demon were guilty to the extent that they did not remove the allegedly libellous message although they could easily have done so - but that they did not commit an offence for storing and serving the message itself, before being asked to remove it. Hasten to add that this is from memory and I'm not a lawyer (thankfully).
Steve