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-   -   Communications Decency Act (http://www.aikiweb.com/forums/showthread.php?t=21871)

Chris Li 10-16-2012 09:15 PM

Communications Decency Act
 
Without directly referring to that "other thread" that might get us sued ;) , or even the ethics of threatening a lawsuit for simply discussing a news story, isn't AikiWeb immunized against this kind of action under the Communications Decency Act?

http://en.wikipedia.org/wiki/Section...ns_Decency_Act

I'm not suggesting that Jun do anything different - but this is the kind of thing that's liable to pop up again in the future.

Best,

Chris

Erick Mead 10-16-2012 09:56 PM

Re: Communications Decency Act
 
Quote:

Christopher Li wrote: (Post 317350)
Without directly referring to that "other thread" that might get us sued ;) , or even the ethics of threatening a lawsuit for simply discussing a news story, isn't AikiWeb immunized against this kind of action under the Communications Decency Act?

http://en.wikipedia.org/wiki/Section...ns_Decency_Act

I'm not suggesting that Jun do anything different - but this is the kind of thing that's liable to pop up again in the future.

Best,

Chris

Probably correct. First, speaking as a former student of the person in question, her dojo is top notch. Second, speaking as a lawyer who went to a California law school in San Diego and is admitted to the California Bar -- California law sucks on these issues to a degree that departs reality at relativistic speeds. It invites litigation on the smallest of pretenses. Where legitimately disabled students are legitimately and excessively disruptive, the situation is close to a no-win scenario under California law for a dojo -- and that problem is part of what I see as an aggressive defensive response by her lawyer trying to control it. Pressure can easily be brought by exploiting social media such as Aikiweb to pressure a settlement, especially where a dojo is a significant part of someone's livelihood.

Please give her the benefit of a charitable view of a difficult situation --even if there is only a passing semblance of truth in any of what has been reported.

Michael Hackett 10-16-2012 10:49 PM

Re: Communications Decency Act
 
Erick, I think most who followed "the thread that shalt not be named" were supportive of her, your former teacher and sympathetic to the whole situation.

California law is much as you describe, but the Americans with Disabilities Act here in the District Courts of California (the Federal Courts) have allowed any number of downright silly litigation to proceed. As you may be personally aware, one of our local attorneys was recently disbarred for various misconduct relating to representing disabled clients. His claim to fame was to threaten business owners with huge lawsuits on ADA grounds and then settle the cases for modest sums in the range of $5000.00. Business owners would settle the lawsuit to avoid the expense of litigating and the potential for paying substantially higher judgments. In my opinion, the ADA is a good and necessary legislation, but the abuse of the legislation is deplorable and demean those it is intended to protect and those who work on their behalf. Just another reason that people and businesses are leaving California.

There hasn't been anything published lately about the original situation and perhaps it has been resolved. I hope so - your former teacher and school have a stellar reputation.

akiy 10-16-2012 11:59 PM

Re: Communications Decency Act
 
Hi folks,

Since I would rather not be personally contacted by any lawyers regarding the thread which was recently removed, can you please be careful to not discuss its details in this thread?

Thanks,

-- Jun

MM 10-17-2012 06:24 AM

Re: Communications Decency Act
 
Quote:

Christopher Li wrote: (Post 317350)
Without directly referring to that "other thread" that might get us sued ;) , or even the ethics of threatening a lawsuit for simply discussing a news story, isn't AikiWeb immunized against this kind of action under the Communications Decency Act?

http://en.wikipedia.org/wiki/Section...ns_Decency_Act

I'm not suggesting that Jun do anything different - but this is the kind of thing that's liable to pop up again in the future.

Best,

Chris

Hi Chris,

To paraphrase a saying, prepare for what your enemy can do, not what you think he might do. :)

Now, I'm not a lawyer, didn't go to law school, and don't even play one on TV, but if you look at the law you cited, it was mostly used for ISPs until Barrett v. Rosenthal.

Barrett v. Rosenthal, which was decided in California, is very close to the situation here at Aikiweb. Going further, the Barrett v. Rosenthal decision provided that the Communications Decency Act protected individuals, not just corporations.

It's an interesting case.
http://www.citmedialaw.org/threats/barrett-v-rosenthal

However, just because it's against the law or wrong doesn't mean a lawyer will abide by that. That'd be a lot of legal defense money, time, and effort. And in the court systems, the best lawyer wins. Not worth the headache really.

Krystal Locke 10-17-2012 08:17 AM

Re: Communications Decency Act
 
Shall we start an aikido legal defense fund?

Rob Watson 10-17-2012 11:28 AM

Re: Communications Decency Act
 
Quote:

Krystal Locke wrote: (Post 317361)
Shall we start an aikido legal defense fund?

Sounds like a thing the Aikikai Foundation (or something like that) should be into.


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