Who is legally responsible for forums?

[klp29]

As we're opening a site in more than 40 languages/countries, we've tried to learn who is responsible for what, the users write/upload.

We do not want to be held responsible if a user writes negative feedback on a shop or uploads a copright protected picture.

I've heard that placing the ownership of the forum in USA would be ideal, as the american law system holds the forum owner less responsible for what the users do, than other countries does.

Can someone confirm this?

[S3NTYN3L]

Here is what is written upon registering with your forum...

You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

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You might also like to read this...

http://www.simplemachines.org/about/license.php

[H]

There are various pieces of legal laws you can checkout depending on the country you are hosting in. I believe you are not responsible for what people post as long as you remove what is copyright on receiving a DMCA request etc.

[smuggler]

There are various pieces of legal laws you can checkout depending on the country you are hosting in. I believe you are not responsible for what people post as long as you remove what is copyright on receiving a DMCA request etc.

This is not quite true there have been several cases of people being sued in Germany for having copywritten material on there sites .. without their knowledge.

[karlbenson]

I am Not a lawyer, (despite having a law degree).

Laws differ in different countries.
The most important countries that matters is the country where the server/site is hosted and where you are.

Primarily forum posters are responsible for what content is posted.
HOWEVER, forum owners can be held partly responsible for content on the forum. (In the Uk they fall under the category of Distributor.)

Forum owners, can not negate/opt out of responsibility by stating in the terms and conditions that posters are responsible. Its an internet myth.

Remember the draconian DMCA ONLY applies to the USA. If you or your server are located in the USA you should respond to DMCA compliant takedown requests as best possible to avoid any potential legal action/
Most other countries in the world have friendlier copyright laws. But you should still respond to compliants about copyrighted content.

Overall, the USA is probably the worst place to host a website if there is a likelihood of any objectionable/copyrighted content.

The MAFIAA (MPAA/RIAA) and other big content are based in the USA and find it easier to go after those in the USA where they've paid off politicians to pass bad laws (DMCA and the proposed Pro-IP laws).

Remember, if someone decides to sue. The first person they will sue is you.  They can only identify you.  Not the poster.
Your hope is that if someone else sues, that following with a court order you can hand over the username/email/ip address of the person who posted the content. And then hope they go after that person instead. (IF they can trace them).

If you are concerned, then you need to seek proper PAID legal advice from someone specialising in international copyright laws.