View Single Post
Old 07-14-2008, 05:12 PM   #16
lotusofro
New Member
 
Join Date: Mar 2008
Posts: 17
lotusofro is an unknown quantity at this point
Re: The PG13 Dilemma

So far since the CDA was in place NO WEB SITE or MUD has lost a law suit when CDA was used as defense. I'd say that is pretty damn strong. Forums and many other types including MMORPGs have been sued. No one has won against them yet, and most to my knowledge got dismissed because of the CDA.

Fact is that a halfway decent lawyer will get it dismissed immediately and the costs won't be too bad, and you will be entitled to counter-sue to get your money back.

That is as long you're being responsible. As many people have mentioned there are Disclaimers you can post and even Terms of Service (even if this likely wouldn't stand up in a court of law). The disclaimers and ToS will help you feel better. However, they won't protect you. The CDA will. Lawyers can argue that your Disclaimer or ToS wasn't good enough, etc. They can't argue too much about the CDA because there has been precedence. Currently I know of only piracy/copy protect issues going on where they're trying to say the CDA doesn't protect the Publisher. However, the issues brought up by the OP HAVE been covered and there is precedence.

Bottom line is unless you're the perv, you're protected as a publisher. There aren't many lawyers who would advise someone to go through with the lawsuit. That is the reason there have been so few.
lotusofro is offline   Reply With Quote