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  1. #1
    Join Date
    Mar 2006
    Location
    china
    Posts
    5

    Default Liability of a Forum

    Regarding this finding
    http://www.theregister.co.uk/2006/04..._for_comments/

    Say they have a terms of agreement like this

    Registration Agreement Terms

    While the administrators and moderators of this forum will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.

    You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.

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    By clicking Register below you agree to be bound by these conditions
    Would they still be held liable if this was to be held up in the US (servers are located in the U.S.)

    Also not sure where to put this so move this if necessary.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    It is likely that Germany would apply its law to a German company operating in Germany, even if its servers were located overseas. If it were a U.S. company focusing on a U.S. market, which happened also to have German users, it seems unlikely that Germany would attempt to apply this law to their servers (or would have any means of enforcing any legal ruling), and even less likely that the E.U. would uphold such a ruling in the event of an appeal. But if you want any degree of certainty as to how Germany will apply its own law, you need to consult a German lawyer.

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