[Vision2020] Usenet USA Libel Suit?

[Dale Courtney]

Ted wrote:
> Please do provide a court case within the USA where libel in a Usenet
forum
> has been successfully pursued.  I have seen very abusive content on Usenet
> newsgroups yet have yet to hear of a successful libel suit.

There are three cases of interest:
-Cubby, Inc. vs. CompuServe Inc., 776 F.Supp. 135(S.D.N.Y. 1991)
-Stratton Oakmont vs. Prodigy (1995)
-Zeran vs. America Online (1996)

You can read about these and subsequent cases over at:
http://cse.stanford.edu/class/cs201/Projects/defamation-and-the-internet/sections/precedent/cases.html

What you are *really* interested in is the liability of ISPs. See:
http://cse.stanford.edu/class/cs201/Projects/defamation-and-the-internet/sections/liability/index.html

Bottom line:
1. Common Carriers -- like the telephone companies. These are not liable for
what is said/published.
2. Publishers -- like the Daily News. These *are* liable for what is
published.
3. Distributors -- like a news stand. These are *not* liable *until they are
aware that libelous material is in their distribution*.

In the case of Cubby, Inc. vs. CompuServe Inc. {776 F.Supp. 135(S.D.N.Y.
1991)}, Compuserv was found not liable becuase they were unaware of the
content. *However*, the judge ruled that Compuserv *would* have been liable
*if* they had been made aware and had *not* acted upon it.

My understanding -- FSR, as a *distributor* is liable for all libelous
material once they have been made aware of it. The correct course of action
is to delete it from the Vision2020 archives (as has been done in the past).

I'm not a lawyer, but that's my understanding from reading the case laws
that are out there.

Best,
Dale Courtney
Moscow, Idaho