The rules of our host Forumotion

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default The rules of our host Forumotion

Post by melodiccolor on Sat Jun 28, 2008 12:37 am

Here are the rules of our host; the translation is from french and it is in legalese. It can be hard to understand, but we must all try to follow it to ensure our forum doesn't get deleted.

Are the users of Forumotion responsible for the messages posted publicly on the forum which they manage?

Each member remains personally responsible for what they post. Nevertheless, for the insults, the threats..., the administrator must remain vigilant and erase all the illegal contents within the posts (racist, xenophobe, homophobe insults ...) without informing the person beforehand of it. There too, if the administrator does not do his work, Editboard as a provider must intervene (if it is informed of it and if the facts are real and proven...).

In are a general way, which the responsibilities for Editboard on the legal level?

The responsibility of the hosters remains limited today. Nevertheless, certain rules exist and it is advisable to conform to it...

First of all, it must be noted that Editboard (or more exactly ForumActif) is hosted on french servers, so as for legal mentions, the french law is applied

Our French right transposed a European directive as regards electronic trade. The principle is as follows: the hoster engages his civil and/or penal liability if he does not withdraw contents of which he was informed indeed of the illicit character.

The problem thus remains the following: what are illicit contents? The hoster is not a judge. It is not up to him to qualify such behavior of licit or illicit. And yet, if the hoster is not the judge of the illicit one, he must however be the judge of the "obviously illicit". In other words, the hoster must withdraw seriously illicit contents and whose this same illicit character is not debatable. It is in particular the case for the homophob and racists remarks as well as contents that are pedo-pornographic... The hoster does not have any other choice than to remove them from his data base.

In short, according to the stop of the Court of Appeal of Versailles of June 8, 2000, co. Multimania C Lynda L, confirmed by article 6 of the law for confidence in L ' numerical economy adopted definitively on May 13, 2004:

The hosters of site are held only of one obligation of vigilance and prudence with respect to the contents of the sites which it hosts.

However, this obligation does not imply the general and systematic examination contents of the lodged sites.

The responsibility for the hosters will be committed only:
- If they did not act whereas they were informed or were informed of the illegality.
- If as of the moment when they were informed of this illegality, they did not act promptly to withdraw these data or to make of them the access impossible.

Consequently, any forum with the "obviously illicit" contents made available of forumactif will be systematically removed without any notice.

Legal note on the suppliers of lodging
by Caihlem on Sun Nov 26, 2006 7:28 am

According to article 6 of the law n° 2004-575 of June 21, 2004 for confidence in the economy, of lodging "the persons or entities which ensure, even on a purely free basis are suppliers, for provision for the public by services of communication to the public in line, the storage of signals, writings, images, sounds or messages of any nature provided by recipients of these services".

The voluntary or professional exercise of the activity of lodging is subjected to the same modes of responsibility

The risks related to the lodging of contents are mainly risks of attacks to the people (slandering, non-respect of the right to intimacy or the image), or risks of attacks to the law and order (diffusion of violent, racists, anti-semites, pedophiles contents...).

Under the terms of the article 6 of the law n° 78-575 of June 21, 2004, the supplier of lodging sees his committed responsibility "as of the moment when it was informed of the activity or information illicit" lodged by his service and "that he did not act promptly to withdraw this information or to make the access impossible"

According to the same article, the knowledge of the litigious facts is supposed when the person victim sends to the person in charge a notification by electronic mail comprising the following elements:

"- the date of the notification;
- if notifying it is an individual: the name, first names, profession, residence, nationality, date and birthplace;
- if the applicant is a legal entity: its form, its denomination, its registered office and the body which represents it legally;
- the name and residence of the recipient or, if it acts of a legal entity, her denomination and its registered office;
- the description of the litigious facts and their precise localization;
- the reasons for which the contents must be withdrawn, including/understanding the mention of the legal provisions and the justifications of facts;
- the copy of the correspondence addressed to the author or to the editor of information or activities litigious asking for their interruption, their withdrawal or their modification, or the justification of what the author or the editor could not be contacted ".

In other words, it is not enough to announce an illicit problem on a forum. Without precise facts and evidence, the responsibility of editboard cannot be committed in the event of inertia of its share.

It should be noted that the responsibility of the hoster does not prevent from also continuing the principal author of the contents or illicit activities.

Can I have music or a video on my Forumotion forum?
by Caihlem on Sun Dec 03, 2006 1:00 pm

Can I diffuse a music or a video on my forum?

Yes, if the author authorized you to do it. If not then No! Because to put on your forum a music or a video with copyrights and without authorization of the author exposes you to continuations and the possible removal of your forum in the event of complaint... This rule also applies to the extracts of emissions TV, concerts, etc...

Can I diffuse video clips or music coming from Youtube, dailymotion, or other?

No! You do not have the right to diffuse on your forum any videos coming from these sites. However, you can put a link so that your members can go to look at the vidéos on the sites in question as long as the downloading of these files under copyright is not possible while following your link directly. It is necessary that the site allows ONLY the visionnage.

And if I want nevertheless to diffuse this video on my forum?

You can pay a royalty with the SACEM to put it video on your portal. Do not forget to register the number of the invoice which will be communicated to you below the video or then, if you wish to keep this confidential number, to mention "Royalty SASEM discharged" in order not to risk procedure of removal of your forum of our share.

Life is complex.  Parts of it are real and parts of it are imaginary.  (read in a novel by Gregory Benford.) The rules of our host Forumotion 479147

Absurdity is one of the great joys of life.

All you need for a rich life is to see more.

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default The rules of our host Forumotion

Post by umasinisha45 on Wed Aug 24, 2011 9:34 pm

The rules milks host Forumotion beneath the breach. The rules freezes throughout host Forumotion. Host Forumotion gulfs a sound throughout the air. How can The rules weight the taught fairy?

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Post by Nucky on Wed Aug 24, 2011 10:00 pm

umasinisha45 wrote:The rules milks host Forumotion beneath the breach. The rules freezes throughout host Forumotion. Host Forumotion gulfs a sound throughout the air. How can The rules weight the taught fairy?

I don't understand.

Great minds think alike. Greater minds do not.

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