Quote:
Originally Posted by Dirty Dane
gideongallery (and Nathan), the safe harbor is only at risk if you remove user submission by same time making official statement that the reason is infringement (your belief or assumption).
That is editorial. Removing for any other or no reason is not editorial. You can say "I don't like you - therefor I deleted you and your submission", and there is no law preventing you from doing that.
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no competent lawyer would say that
1. that doesn't even meet the dictionary definition of editorial control
by definition editorial control is the ability to edit or change the expression of the author based on the desires of the editor .
i don't like you so i am going to censor your expression completely is still editorial control.
secondly there are more then just DMCA laws to worry about
the eharmony lawsuit proves that, they choose to deny their services to gays because (as they claimed) the cost of doing the research to define the compatiblity questions would not be recoverable given the small size of the demographic (10% of the population).
That is a hell of a lot more defendable position then i am doing it because i don't like you
AND THEY STILL LOST
my lawyer says their a liablity, NAT lawyer says their a liability, your just Guy on GFY who has been proven wrong multiple times already.