Topix Legal Win Bodes Well for Hyperlocals | Street Fight

Street Legal

05 December 2011 by Brian Dengler

News community site Topix scored a big victory ? not only for itself but other hyperlocal news publishers ? when a court in Georgia ruled that Federal law protected the company from a defamation claim over user-generated content.

David Hopkins filed a lawsuit against Topix and other parties for user-generated content that contained defamatory statements against Hopkins that appeared on the site, based on content published by a user.

In its Terms of Service, Topix provides: ?We have no duty to pre-screen your content or the content of others, but we have the right to refuse to post or to edit submitted content.? Hopkins claimed that Topix breached its obligation by failing to pre-screen content that contained defamatory content.

Topix asserted that a federal law ? Section 230 of the Communications Decency Act of 1996 ? gave it immunity from defamation claims. The law provides that ?no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.? ?The Court agreed with Topix in a decision issued on November 28, 2011.

The court pointed out that Topix expressly disclaimed liability for ?any content that is provided or posted by you or others.? ?That means Topix never agreed to assume liability for content posted by users. Plus, the immunity provided by federal law preempted any assurances that Topix provided in its Terms of Service over content.

This decision has significant benefits for hyperlocal news publishers. Invariably, some user may post comments that may not be complementary of another person. The Communications Decency Act provides publishers immunity from those comments, as long as the publisher was not directly involved in the creation of the content.

The decision also sends a message that publishers need not assure users that they are monitoring all content 24/7. The terms of service should reserve the right to monitor and remove content that it may deem inappropriate, but at the same time, the publisher should make clear that it does not have the obligation to monitor and remove any objectionable content at any time.

Brian Dengler is an attorney with Vorys Legal Counsel and journalist who covers legal issues in eMedia. He is a former vice-president of AOL, Inc., a former newspaperman, and an EMMY-winning TV journalist. He teaches eMedia management as an adjunct at Kent State University and is a former adjunct at Otterbein University.

Source: http://streetfightmag.com/2011/12/05/topix-legal-win-bodes-well-for-hyperlocals/

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Video: A look at Cain?s crash and burn campaign

Too promiscuous to donate an organ? Maybe

If you've had two or more sex partners in the last year, you could be a risky organ donor, at least according to a proposed federal health guideline that has drawn sharp protests from transplant experts who say it's far too broad.

Source: http://www.msnbc.msn.com/id/3036697/vp/45559793#45559793

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[OOC] The third Robotech war

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Robotech, sign me up.

I'm a dreamcatcher but only nightmares I caught.

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Alright then, post your character if you wish

Lufia

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Sign me up good man, I'm up for some serious Robo-ass whooping!

BTW, where's a good place to look for pics of the Mechs? I can't find any with all 3 forms.

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Bachmann, from Waterloo to White House contender (The Arizona Republic)

Share With Friends: | | Politics - Top Stories News, RSS Feeds and Widgets via Feedzilla.

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Book Review : What Makes Your Brain Happy and Why You Should Do the Opposite by David DiSalvo

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Vitrue 1st To Let Brands Offer Mobile Access To Their Facebook Page Tab Apps

Facebook's mobile apps and websites don't support access to Page tab applications, which let brands host signup forms, coupons, sweepstakes, games and more. Considering roughly 40% of Facebook's users are accessing the site via these mobile interfaces, brands are missing out on serving their content to hundreds of millions of people. But Page management platform Vitrue?announced a workaround today at the Appnation III conference, inspired by encouragement from Facebook itself. Soon when mobile users try to visit tab apps on the Pages of its clients, Vitrue's system will recognize the user is on a mobile device and redirect them to an HTML5 mobile site version of that app. Expect other Page?management?companies to copy this fix if Facebook doesn't solve the problem for everyone first.

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Strike test for new Greek government (AP)

ATHENS, Greece ? Greece's new coalition government promised rescue creditors it will impose additional "deep and broad reforms," as unions launched a general strike Thursday against the economic austerity.

The 24-hour strike is the first test of union opposition to Prime Minister Lucas Papademos' three-week-old government, and is set to halt most public services. Protest rallies are planned in central Athens to start after 11 a.m. (0900 GMT).

The protest will also halt ferries, disrupt public transport, close schools and leave state hospitals running with reduced staff. Airport traffic, however, is not likely to be affected.

Papademos wrote the leaders of the European Union, European Central Bank and IMF, promising to conclude a massive new bailout deal for Greece and impose tough cost-cutting measures needed to stop the country overspending.

"The government is determined to continue the process of fiscal consolidation and structural reform in order to secure sound public finances and improve the country's international competitiveness," he wrote in a letter, dated Tuesday and made public late Wednesday.

Backed by the country's main Socialist and conservative parties, Papademos now heads negotiations for the new debt deal, amid an escalating crisis in the eurozone that is threatening its largest economies and ultimately the single currency's existence.

The new deal for Greece, to receive euro130 billion ($174.43 billion) in more rescue loans and support for banks, also includes a voluntary write-down of debt held by private holders of Greek bonds.

On Tuesday, eurozone countries approved the release of a crucial rescue loan installment to Greece that will total euro8 billion ($10.73 billion) along with a portion covered by the IMF.

In return for the EU-IMF lifeline, new austerity measures impose job suspensions and pay cuts in the public sector and an emergency property tax that threatens to leave households without power if they delay payment.

"They are creating a situation that can no longer be tolerated, can no longer be endured. Unfortunately people are in a state somewhere between poverty and despair," Ilias Iliopoulos, deputy leader of the civil servants' union ADEDY told AP television.

"The measures are supposed to improve the country's financial situation, but the country is getting deeper into debt, unemployment is rising, and the recession ? unprecedented in recent times ? is worse than anywhere else in Europe. People are falling apart."

Papademos' letter was addressed to top EU and eurozone officials Herman Van Rompuy, Jose Manuel Barroso and Jean-Claude Juncker, was well as ECB president Mario Draghi and IMF Managing Director Christine Lagarde.

The new coalition government, formed midway through the Socialists' four-year term in office, is due to call early elections at the end of February.

Source: http://us.rd.yahoo.com/dailynews/rss/business/*http%3A//news.yahoo.com/s/ap/20111201/ap_on_bi_ge/eu_greece_financial_crisis

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Doctors: George Michael recovering in Vienna (AP)

VIENNA ? Doctors treating George Michael say the ex-front man for the pop group "Wham!" is making progress as he recovers from pneumonia.

Doctors Gottfried Locker and Christoph Zielinski say the 48-year-old Michael remains hospitalized nonetheless. They say in a statement that he "needed intensive care because of the seriousness and spread of the infection."

The statement Wednesday says despite his progress, "absolute rest and restraint" are top priorities for Michael.

It says the singer "is receiving exactly the same treatment as any normal patient in Austria would for this ailment" ? which appears to be an indirect denial of rumors that Michael could be suffering from even more serious problems.

Michael was admitted to Vienna's AKH hospital last week after canceling a performance in the Austrian capital.

Source: http://us.rd.yahoo.com/dailynews/rss/celebrity/*http%3A//news.yahoo.com/s/ap/20111130/ap_on_en_mu/eu_austria_people_george_michael

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Penn State pledges $1.5M for sex-crimes groups (AP)

STATE COLLEGE, Pa. ? Penn State will donate $1.5 million in bowl proceeds to a pair of groups that work with sex-crime victims, a gesture aimed at healing the school's battered image in the wake of child sex charges against a former assistant football coach.

University President Rod Erickson promised the donation the morning after he and other administrators faced pointed questions at a student-organized town hall forum.

Erickson told The Associated Press in an interview Thursday that the Big Ten bowl revenue, which usually goes back to the athletic department, will go instead to the Pennsylvania Coalition Against Rape and the National Sexual Violence Resource Center.

"This presents an excellent opportunity for Penn State to raise the national visibility of this issue," Erickson said. "Our students and fans are focused on a cause to play for, to cheer for."

Also Thursday, Jerry Sandusky's lawyer said he has not discussed pleading guilty with his client and that the former coach continues to maintain he is innocent of the charges against him.

Joe Amendola said he would consider "possible alternatives" with Sandusky if new charges are filed that involve more victims than the eight boys covered by the 40 pending criminal counts, but that Sandusky has never considered a plea in his case. Sandusky, 67, is awaiting a preliminary hearing.

Amendola said the topic of a guilty plea came up as a "what if" question from a reporter about potential additional charges.

"My answer to the `what if' question was analogous to saying, if weather forecasters were predicting a blizzard next week, which they are not, I would have to at least consider the possibility of postponing my scheduled trip to Philadelphia," Amendola said in an email.

In another development, lawyers for a young man described in a grand jury report as a victim of sexual abuse by Sandusky said Thursday they had settled a legal action regarding a charity's assets.

Harrisburg attorneys Ben Andreozzi and Jeffrey Fritz said the settlement protected the claim their client plans to assert to the assets of The Second Mile, a nonprofit for at-risk children Sandusky founded in 1977.

"We intend to initiate a civil lawsuit seeking damages from the organizations and individuals responsible for the sexual assaults upon our clients," the lawyers said in a release. "However, our priority at this time is to support our clients, including Victim No. 4, who will be testifying against Mr. Sandusky at the preliminary hearing."

Andreozzi and Fritz said that under terms of the settlement, The Second Mile has agreed to obtain court approval before transferring assets or closing and give their client the ability to weigh in before a judge regarding any distribution of assets.

The Second Mile released a statement calling the agreement a reiteration of its existing legal liabilities and saying it does not include a finding of liability.

The Second Mile said earlier this week that its donors should consider giving their money instead to the Pennsylvania Coalition Against Rape, the latest sign that the charity may not be around much longer. The Second Mile said its December programs would go on as scheduled, however.

The Wednesday night forum on Penn State's main campus came on the heels of fresh sex abuse allegations against Sandusky, who was accused in a lawsuit of sexually abusing a young boy more than 100 times after meeting him through his charity.

The state police commissioner has criticized school leaders for failing to do more to alert authorities to the allegations, and Erickson told about 450 attendees at a crowded auditorium at the student union building that ethics would be raised "to a new level so that everyone at the university understands not just the legal thing to do, but the moral thing to do, so that we learn to do the right thing the first time, every time."

Students appeared grateful to get answers more than three weeks after Sandusky was charged Nov. 5, hopeful it would aid in the arduous healing process.

"I think this is a good start for a lot of good things that can happen at the university," said student Andrew Comes, 21, following the two-hour forum. "It's a singularly bad event, but there can still be positive repercussions and good things happening from it."

Administrators sought to reassure students worried about the unintended ramifications of the scandal, such as the reputation of a Penn State degree.

After several questioners mentioned they felt shamed by the scandal, vice president Henry Foley, as part of an answer about the school's top three priorities, told students to focus on academics and to "recognize that none of you are guilty. ... You may feel shame, but none of you are guilty. Just keep doing what you came here to do."

The scandal has resulted in the departures of head coach Joe Paterno and university President Graham Spanier. Athletic Director Tim Curley has been placed on administrative leave, and Vice President Gary Schultz, who was in charge of the university's police department, has stepped down.

Schultz and Curley are charged with lying to the grand jury and failure to report to police. They also maintain their innocence and have a preliminary hearing later this month.

Erickson told reporters after the forum that Spanier was on sabbatical and that as a tenured faculty member would have the right to teach if he so desired.

Several students also asked about the treatment of Paterno, who was the only school leader fired in the scandal's aftermath. Erickson said afterward he could not offer a detailed answer because it was the trustees' decision.

He reiterated there was no truth to Internet-fueled rumors that Paterno's statue outside Beaver Stadium would be removed or that the Paterno name would be removed from the campus library for which the Paterno family has donated millions of dollars.

"At some appropriate time down the road, I'm sure there will be an opportunity to also reflect on the many years of service Joe and (wife Sue Paterno) provided the university and the many good things that they've done for Penn State," Erickson said, eliciting brief applause.

Source: http://us.rd.yahoo.com/dailynews/rss/us/*http%3A//news.yahoo.com/s/ap/20111202/ap_on_sp_ot/us_penn_state_abuse

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Iran threatens to hit Turkey if US, Israel attack (AP)

TEHRAN, Iran ? Iran will target NATO's missile defense installations in Turkey if the U.S. or Israel attacks the Islamic Republic, a senior commander of Iran's powerful Revolutionary Guard said Saturday.

Gen. Amir Ali Hajizadeh, the head of the Guards' aerospace division, said the warning is part of a new defense strategy to counter what he described as an increase in threats from the U.S. and Israel.

Tensions have been rising between Iran and the West since the release of a report earlier this month by the International Atomic Energy Agency that said for the first time that Tehran was suspected of conducting secret experiments whose sole purpose was the development of nuclear arms.

The U.S. and its Western allies suspect Iran of trying to produce atomic weapons, and Israel, which views Tehran as an existential threat, has warned of a possible strike on Iran's nuclear program. Iran says its program is for peaceful purposes.

"Should we be threatened, we will target NATO's missile defense shield in Turkey and then hit the next targets," the semiofficial Mehr news agency quoted Hajizadeh as saying.

Tehran says NATO's early warning radar station in Turkey is meant to protect Israel against Iranian missile attacks if a war breaks out with the Jewish state. Ankara agreed to host the radar in September as part of NATO's missile defense system aimed at countering ballistic missile threats from neighboring Iran.

A military installation in the Turkish town of Kurecik, some 435 miles (700 kilometers) west of the Iranian border, has been designated as the radar site, according to Turkish government officials.

Hajizadeh said the United States also plans to install similar stations in Arab states, which has spurred Iran to alter its military defense strategy.

"Based on orders from the exalted commander in chief, we will respond to threats with threats," he was quoted as saying.

Iran's Supreme Leader Ayatollah Ali Khamenei, who has the final say on all state matters, is also commander in chief of Iran's armed forces.

Another senior Guard commander, Yadollah Javani, threatened that Tehran will target Israel's nuclear facilities should the Jewish state attack Iran.

"If Israel fires a missile at our nuclear facilities or vital installations, it should know that Israel's nuclear centers will be the target of our missiles," the semiofficial ISNA news agency quoted him as saying.

Also Saturday, the chief of Iran's elite Quds Force said he doesn't fear assassination and is ready for "martyrdom."

The comments by Quds Force commander Brig. Gen. Ghassem Soleimani were published in several Iranian newspapers. The Quds Force is the special foreign operations unit of the country's powerful Revolutionary Guard, and Soleimani is a key figure in Iran's military establishment but rarely speaks in public.

Tensions have increased in recent weeks between Iran and the U.S., with several American neoconservatives urging the Obama administration to use covert action against Iran and kill some of its top officials, including Soleimani.

The force has been accused by the Americans of involvement in an alleged plot to assassinate the Saudi ambassador to Washington. Two men, including an alleged member of Iran's Quds Force, have been charged in New York federal court in the case.

Iran has dismissed the American claims as a "foolish plot", saying U.S. officials have offered no proof.

Source: http://us.rd.yahoo.com/dailynews/rss/iran/*http%3A//news.yahoo.com/s/ap/20111126/ap_on_re_mi_ea/ml_iran

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