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pugwash #331155 04/02/09 10:56 AM
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I would give anything to be floating in that "Olympical" pool right now, if it passed the smell test of course. sick

On second thought, maybe I would rather just be sitting around with a cold Belikin and a few friends to laugh with. cool


Play, Love, Share and Enjoy - it doesn't last forever make sure you get the most out of it.
2Aggies #331167 04/02/09 12:15 PM
Joined: Oct 1999
Posts: 84,398
Marty Offline OP
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The posts on this board affect my reputation and the reputation of AmbergrisCaye.com. Much can go by unattended. But not everything.

Some of the emails and PMs that i get during pedros dustups are from him saying why he is correct. Its not all from others.

its a back and forth between several folks that occurs each time that i don't have time for.

the ignore feature is not known by 99% of the visitors to this forum and is not an effective way to screen foul postings. Ridiculous to even consider for that, as guests as well as anyone not familiar with the ignore feature would automatically see all the junk that should be deleted.

plus remember, anyone can go out in about 5 seconds and get a new email and sign up for a new user account on the board. That name would not be in someones ignore settings. With some abusers, its just round and round with new names all day long. Not Pedro. He didn't do that. But many others have over the years.

I've been doing this for 15 years. Many of the suggestions here i have tried like 12 years ago. Excuse me, but I have the experience to make this call. Its not JUST peter that gets deleted.

Originally Posted by deadserious
However, when a host starts to edit their content, such as in banning users and removing posts, then they start to open themselves up to liability as they are no longer considered hosts of content but editorialized publications.

If anything, Marty has exposed himself to litigation by banning users and removing posts if something manages to somehow get past his editing efforts.


hahaha to suggest when i pull strange posts that makes this board EDITORIAL is ludicrous. We do no more than basic maintenance that any message board has to do. No one is getting in and changing folks' posts. We pull one of a bazillion posts. 99.999999999999999% go right up and are never touched.

According to the theory above, any removal of any posts i guess makes the whole board my personal editorial?

nutso

homey ain't playin'

Marty #331172 04/02/09 12:28 PM
Joined: Aug 2007
Posts: 206
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Why are you even taking time to explain your actions that you took on your website that you created? I'm assuming that this was meant to be an informative site for casual observers, with the message board acting as a way for people to act direct questions about Belize to people who actually have been there or live(d) there? The gossip and rumor factory that these threads tend to resemble reflect poorly on the website IMO. Ban away and let others dig on each other in person over some drinks and in this particular case, pizza.

Marty #331173 04/02/09 12:44 PM
Joined: Feb 2007
Posts: 1,740
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Originally Posted by Marty
Originally Posted by deadserious
However, when a host starts to edit their content, such as in banning users and removing posts, then they start to open themselves up to liability as they are no longer considered hosts of content but editorialized publications.

If anything, Marty has exposed himself to litigation by banning users and removing posts if something manages to somehow get past his editing efforts.


hahaha to suggest when i pull strange posts that makes this board EDITORIAL is ludicrous. We do no more than basic maintenance that any message board has to do. No one is getting in and changing folks' posts. We pull one of a bazillion posts. 99.999999999999999% go right up and are never touched.

According to the theory above, any removal of any posts i guess makes the whole board my personal editorial?

nutso


May be nutso, but that's the way the courts are interpreting the precidence set by the DMCA. If you pull content, you are editorializing the content and that makes you responsible for everything that you don't pull. Otherwise, you are a "dumb" isp and blind to all content your users post. The latter removes any responsibility or liability from you legally.

If you don't like it, write your congressman. The DMCA is a terrible law, but the safe harbor clause is the one good thing about it. Without it, no one could have a public forum without fear of a defamation suit.

I'm just suggesting you talk to a lawyer if liability really is really your concern as pug suggested. If it is, then you are going about this the wrong way legally and what you are doing will have the inverse effect. If you are doing it for other reasons and don't care about the added liability that editorializing your site brings, then I don't really care either way.

deadserious #331186 04/02/09 02:28 PM
Joined: Nov 2000
Posts: 8,880
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I vote for Marty and stand by him.

Been watching what he's had to put up with since 1999. For the most part, I've been against any censorship, but things have really gotten out of hand in the past few years, and so I'm less inclined to be against censorship. The whole flavor of the board has changed, but I suppose it will change yet again as time passes. That's probably the nature of the board, changes to SP, changes in contributors, etc.


A fish and a bird can fall in love, but where will they build their nest?

seashell #331189 04/02/09 02:51 PM
Joined: Oct 2007
Posts: 3,281
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Marty, you do a he** of a job! With out your on going efforts and the great people this Board attracts, I probably would have never found Ambergris Caye and my life would be so much less enjoyable. I'm in love with the island, the people and I'm "hooked" on the Board. It's an amazing place!

Thank You!

Bob


"Hold on Tight To Your Dreams" ELO
azbob #331214 04/02/09 04:24 PM
Joined: Oct 1999
Posts: 84,398
Marty Offline OP
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I have suggested to Peter that he does a blog, then he can write whatever he wants. I would be glad to link to it. Then he can write to his hearts content but not under the AmbergrisCaye.com label.

Marty #331228 04/02/09 05:04 PM
Joined: Nov 2006
Posts: 1,416
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worked for me!
i can, and do, use any language i wish, post whatever photos i want, bitch, moan, and complain to my hearts content,,,!
AAAAHHHHHHHHH!

Barnacle #331234 04/02/09 06:01 PM
Joined: Aug 2008
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This MB really prepared us for our first trip. I even met one of the posters before we ever came down. I was able to read about fun places, things to do, places to avoid and best of all where to find cool hangouts and good food.

Thanks Marty - for all the bitchin' there are a million good post here for those of us only lucky enough to visit. It helps make the most of our short time.


Play, Love, Share and Enjoy - it doesn't last forever make sure you get the most out of it.
deadserious #331238 04/02/09 07:30 PM
Joined: Aug 2007
Posts: 2,781
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Originally Posted by deadserious
May be nutso, but that's the way the courts are interpreting the precidence set by the DMCA. If you pull content, you are editorializing the content and that makes you responsible for everything that you don't pull. Otherwise, you are a "dumb" isp and blind to all content your users post. The latter removes any responsibility or liability from you legally.
If you don't like it, write your congressman. The DMCA is a terrible law, but the safe harbor clause is the one good thing about it. Without it, no one could have a public forum without fear of a defamation suit.

That's an interesting take on the Digital Millennium Copyright Act you've got there, dead. I'm curious as to what "cases" you refer as support for it?

The DMCA does provide circumstances under which a messageboard provider could be held legally liable for content on its board - those circumstances are limited and involve copyright infringement or activity in some way related to circumventing encryption methods designed to prevent copyright infringement. There are only 100 court cases which even reference the DCMA, 97 of them brought in federal court, and not one of them applies the DMCA to circumstances involving allegations of libel or defamation.

Looks to me like Marty has the correct position on this one. If there is some way he could be found liable for statements made on a messageboard he controls (and I could only find opinions to the contrary in my cursory review of case law), it certainly isn't through the provisions of the DMCA. I'd be really interested to know what cases you think hold otherwise.


I can never remember which is better . . . safe? . . . or sorry?
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