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#1 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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Repeal Section 230! Uhhh...why?
Okay, so this seems to be a big thing political issue right now.
Essentially, Section 230 of the Communications Decency Act is, according to Wikipedia:
Quote:
The caveats are to do with "in good faith". Presumably if they encouraged illegal or slanderous content to be uploaded, they would be in breach, but for some people, it seems they believe Section 230 means those platforms have NO RIGHT to restrict any content that is being uploaded. On the right, people like Donald Trump and Lindsay Graham seem to have a problem with Section 230 because they see it as allowing the platforms to restrict content how they like and that editorial decisisons such as banning crazy loons from posting, is against the spirit of the law. (I have heard right-wing acquaintances actually argue that banning Alex Jones is illegal!) On the left, some people seem to argue that Section 230 gives platforms too much leeway to do nothing about hate speech etc... There also seems to be some anti-trust issues that some argue allow the platforms to curate the limits of acceptable speech however they want it, and given some platforms dominance, that arguably puts too much power in the hands of a few businesses. Personally, I am of the opinion that it should stay as it is. But let's have a heated debate... |
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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#2 |
Philosopher
Join Date: Nov 2014
Location: Gundungurra
Posts: 8,824
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It's a no-win situation.
Without 230, private providers would simply shut out anyone the least bit controversial, or indeed anyone they didn't like the look/sound of anyway. They are there to get advertising clicks, not deal with stupid lawsuits about who got bent about someone saying something picky about them. They consider it's their platform, their money, and they are going to conduct their own business how they want to. They want nothing to distract from that, really. So any potential offenders will get short shrift pronto. With 230, you get the likes of Trump who does regularly get bent out of shape about stuff said about him, and wants to take it out on the messenger, and whines like a little bitch when he can't. But at least the online businesses are protected to some extent from frivolous lawsuits, while keeping policing to reasonable community standards. There is no half way between these extremes. And you can't please everyone. And you will never please Trump. I don't think he understands that with 230 gone, his Twitter account will be shut down instantly. NOBODY wants to risk being sued over what he says. Trump just wants to sue somebody, ANYBODY, who says bad stuff about him. |
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...our governments are just trying to protect us from terror. In the same way that someone banging a hornets’ nest with a stick is trying to protect us from hornets. Frankie Boyle, Guardian, July 2015 |
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#3 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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This is the thing. Many of the groups who complain about 230 would just be zapped immediately from pretty much all social media.
I don't get this scorched earth policy of theirs. ETA: Would we just see social media moving their business abroad where they can't be touched by US jurisdiction? |
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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#4 |
Philosopher
Join Date: Nov 2014
Location: Gundungurra
Posts: 8,824
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That's the thing. They seem to think that with 230 gone, the complete social media scene will be open green fields where they can exercise their free speech unimpeded. The reality will be the total opposite. But then again, when has reality ever intruded on the brains of Trumpistas!
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...our governments are just trying to protect us from terror. In the same way that someone banging a hornets’ nest with a stick is trying to protect us from hornets. Frankie Boyle, Guardian, July 2015 |
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#5 |
Illuminator
Join Date: Jul 2001
Posts: 3,220
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"...Am I actually watching Big Bird argue with the Egyptian God of the Dead? Is PBS sending some kind of weird religious message here?" |
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#6 |
Illuminator
Join Date: Sep 2006
Posts: 3,143
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I think private companies should be able to regulate the content of their websites however they feel free from liability. And if you want a media site that allows you to post the content you want in a way you want to, find one or make one yourself.
And Trumpisms obsession with 230 is over political speech, and I don’t feel that companies should be forced to maintain a web space where user content is forced to be bias free or the appearance of bias free moderation should be a priority unless they want it to. If Facebook wants to have a liberal slant, not that I remotely believe they do, because they feel the market will respond better to that, they should be able to. If they want to scrub content in a completely arbitrary set of rules, it’s their web space and software. And a right wing social media site can step in and fill the market void. And that’s what happened, they abandoned Twitter and Facebook or whatever they were on for Parler, a right wing oriented social media site that caters to that audience. This is a problem that the free market is pretty well equipped to deal with and already has |
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#7 |
Nasty Woman
Join Date: Feb 2005
Posts: 87,032
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Trump's against it, that says a lot. I'm for it.
I did look at it and don't see anything that supposedly protects the platform owners in any corrupt way. Seems like realistic legislation, surprisingly. |
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#8 |
Philosopher
Join Date: Sep 2002
Location: N.Cal/S.Or
Posts: 8,025
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I've wondered, since T got hashtagged and lost his **** over 230, if without it sites like parler, OANN, Newsmax etc. wouldn't actually be the first ones sued into oblivion.
There's more to 230 than just the oft-quoted sections I'm sure, so I can't say. Just wondering. |
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---------------------- Anything goes in the Goblin hut... anything. "Suggesting spurious explanations isn't relevant to my work." -- WTC Dust. "Both cannot be simultaneously true, and so one may conclude neither is true, and if neither is true, then Apollo is fraudulent." -- Patrick1000. |
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#9 |
Maledictorian
Join Date: Aug 2016
Posts: 14,686
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Repeal it an have the platform providers purge every mentioning of Trump from their sites.
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So what are you going to do about it, huh? What would an intellectual do? What would Plato do? |
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#10 |
Penultimate Amazing
Join Date: Jul 2011
Posts: 12,242
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#11 |
Nasty Woman
Join Date: Feb 2005
Posts: 87,032
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#12 |
Philosopher
Join Date: Nov 2014
Location: Gundungurra
Posts: 8,824
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1) He wants it repealed so he can sue anyone who says nasty stuff about him, or prevents him saying clearly actionable crap about others.
2) It gets repealed, and no US service provider will want to take the chance of this happening to them, as they will have no effective protection. 3) So any even close to objectionable content hosted on US services will be purged. And anything that might trigger such content by way of responses will be firmly stopped. Result: anything Trump-related (and Alt Right, Proud Boys, etc.) will be stamped out. 4) And yes, so will goodwill movements like #metoo and #BLM. Again, the US-based services companies will be taking zero chances with controversy. 5) Offshore service providers for this content will flourish. They can tell US-based legislators to go suck a big one. 6) All the major content providers such as Facebook and Google will move offshore out of reach of the US laws, and no longer be headquartered in the USA. This is hardly surprising, and they have already planned for this contingency years ago if not having done this already. Probable alternate locations? India, Russia and China. 7) Network life hardly changes. But network commerce is reduced in the USA and boosted in the main MAGA-hostile countries. Awesome result for one triggered orange toddler's little hissy fit. |
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...our governments are just trying to protect us from terror. In the same way that someone banging a hornets’ nest with a stick is trying to protect us from hornets. Frankie Boyle, Guardian, July 2015 |
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#13 |
Bandaged ice that stampedes inexpensively through a scribbled morning waving necessary ankles
Join Date: Jan 2007
Location: Cair Paravel, according to XKCD
Posts: 32,368
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There is truth and there are lies. - President Joseph R. Biden, January 20th, 2021 |
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#14 |
Penultimate Amazing
Join Date: Aug 2010
Location: I live in a swamp
Posts: 22,599
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Instead of repealing Section 230, Congress should take up a national anti SLAPP law. In addition to keeping protections of platforms in place, we should actively discourage law suits intended to stifle free speech. Anti-SLAPP laws allow for a defendant to file a motion to dismiss early in the suit if it is related speech about a matter of public concern.
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#15 |
![]() Join Date: Jun 2004
Location: Monkey
Posts: 59,523
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Wouldn't its repeal mean someone (Trump) could sue this site for the things we've said about him?
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You added nothing to that conversation, Barbara. |
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#16 |
Illuminator
Join Date: Mar 2010
Posts: 4,573
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#17 |
Penultimate Amazing
Join Date: Jul 2011
Posts: 12,242
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If this was the death of FB, Twitter etc. I'm not sure I'd care.
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#18 |
Nasty Woman
Join Date: Feb 2005
Posts: 87,032
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#19 |
Critical Thinker
Join Date: Jun 2007
Posts: 413
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I own an online forum that has a large number of members. Repealing 230 mean my forum gets shut down permanently. While I make some money in advertising and donations it wouldn't even come close to covering legal expenses if someone sued me for something one of my members posted. I imagine lots of other online forums will shut down as well (maybe even this one) for that very reason.
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#20 |
Penultimate Amazing
Join Date: Nov 2003
Location: Port Townsend, Washington
Posts: 31,067
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Cum catapultae proscribeantur tum soli proscripti catapultas habeant. |
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#21 |
Penultimate Amazing
Join Date: Jul 2011
Posts: 12,242
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#22 |
Lackey
Administrator
Join Date: Aug 2001
Location: South East, UK
Posts: 97,137
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Just so it is clear. With section 230 in place logger could sue you for something you posted here, he could not sue icerat, if it wasn’t in place logger could sue you and icerat.
Section 230 doesn’t protect anyone from being sued for what they post using services such as FB and ISF. ETA: And the reason it has got Trump’s goat is that it was originally passed because the argument that the ISPs and other service providers like AOL (yes it’s that old) should be treated like a communications carrier like the post and the telephone system so weren’t responsible for what users posted was struggling because the services were moderating/editing/censoring what users could post. People argued that made them more like the broadcast Tv networks or newspapers. Section 230 sheltered them from that argument. The reason the idiot wants to get rid of it is because he thinks the services will just allow anything and everything to be posted without editing or marking his tweets as “this is another lie”. It’s purely aimed at his Tweets being edited, he doesn’t give not one whit nor iota about any other consequences. |
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I wish I knew how to quit you |
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#23 |
Penultimate Amazing
Join Date: Jul 2011
Posts: 12,242
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I'd be surprised if a similar clause wasn't already in the terms and conditions: "By accepting these terms I agree not to sue ISF over posted comments, or to hold ISF liable if my content is moderated in accordance with forum rules."
When my newspaper enabled online comments I was horrified over the hate speech, disinformation and cruelty that dominated the contents. The decision was made to moderate as lightly as possible because we deliberately did not want to "own" the comment on our own website. Outright incitements to violence might be removed but precious little else. I kept wondering if the Internet would outgrow any of this but I'm not sure it has. When Twitter started running disclaimers: re: Trump's blathering about mail-in vote fraud, or refusing to carry links to the New York Post when the Biden laptop "story" broke, I did wonder at why they were drawing the line there. Once you start doing that with political commentary you are "owning" content to a certain extent. How much worse could it have been if Twitter had just allowed the material to run without comment? There is just a little bit of a hint there about wanting to have it both ways: Open discourse, but only to a point. |
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#24 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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Yeah, although it is not just Trump. Another one is Ted Cruz who somehow believes that Section 230 means that social media must be neutral and must not make any decisions regarding monetization or removing content.
In his mind, You Tube were wrong to demonetize a video in which Steven Crowder made homophobic taunts to a Vox journalist. According to him, You Tube had some kind of obligation to let all of Crowder's content stand (and not because he approves of homophobic taunts, of course. Heavens no! Ted Cruz? Support homophobia!?) So, the next step is some tricky legal thinking of Ted Cruz's. Step 1: Repeal Section 230 Step 2: ????? Step 3: Profit! If you are wondering what step 2 is, the answer is Ted Cruz is a moron. |
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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#25 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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Actually, maybe I am getting some of my cases mixed up. Anyway, more on legal superbrain Ted Cruz and his fight against Section 230 here.
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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#26 |
Nasty Woman
Join Date: Feb 2005
Posts: 87,032
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#27 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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#28 |
Penultimate Amazing
Join Date: Jul 2011
Posts: 12,242
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Yeah, I wondered if some kind of grand bargain was in the works.
But McConnell probably knows full well what an absolute can of worms the repeal of "Section 230" would be. Maybe he figures it is worth it for short-term political optics, but a lot of thinking has gone in to policies keeping the Internet more or less unregulated. Though I see the argument for why it should remain that way, I'm also not so sure I like the free-for-all that Facebook, Twitter etc. benefit from. They make money off the ability to spread disinformation. I do know, though, that tying these 2 things together in a Covid-19 relief package is poor policy. |
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#29 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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#30 |
Penultimate Amazing
Join Date: May 2006
Posts: 18,321
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Sorry, but the tech companies are trying to have it both ways. They originally said they should have immunity because they shouldn't be responsible for moderating the comments and statements of their users. This is a reasonable argument; back when Screw Loose Change was getting hundreds of comments a day, I would have shut the comments down before trying to moderate them.
However, the tech companies are no longer taking a hands-off approach to moderation, and therefore they no longer need the shield. |
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My new blog: Recent Reads. 1960s Comic Book Nostalgia Visit the Screw Loose Change blog. |
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#31 |
Penultimate Amazing
Join Date: Mar 2007
Posts: 20,299
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![]() It must be fun to lead a life completely unburdened by reality. -- JayUtah I am not able to rightly apprehend the kind of confusion of ideas that could provoke such a question. -- Charles Babbage (1791-1871) ![]() |
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#32 |
Penultimate Amazing
Join Date: May 2006
Posts: 18,321
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My new blog: Recent Reads. 1960s Comic Book Nostalgia Visit the Screw Loose Change blog. |
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#33 |
Penultimate Amazing
Join Date: Dec 2006
Location: US of A
Posts: 12,676
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I just note that a post wouldn't have to be provably defamatory. It might even be indisputably true. You can sue anybody for anything, and you can hurt somebody a lot by tying them up in lawsuits, even if they would ultimately win at a trial. That was a routine Trump tactic against his contractors.
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#34 |
Lackey
Administrator
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Posts: 97,137
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#35 |
Lackey
Administrator
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#36 |
Penultimate Amazing
Join Date: Mar 2007
Posts: 20,299
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![]() It must be fun to lead a life completely unburdened by reality. -- JayUtah I am not able to rightly apprehend the kind of confusion of ideas that could provoke such a question. -- Charles Babbage (1791-1871) ![]() |
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#37 |
Philosopher
Join Date: Sep 2008
Posts: 6,554
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I don't think the repeal is the result of any deep thought.
Trump felt victimized by social media fact checks and wanted to lash out by hurting them. Then all the trump supporters who are blindly faithful and slightly smarter than him started constructing post-hoc justifications of how it somehow makes sense. It's just another instance of his bleach drinking thing. Rambling old man babbles and his sycophants scramble to try to make it make sense. |
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The weakness of all Utopias is this, ... They first assume that no man will want more than his share, and then are very ingenious in explaining whether his share will be delivered by motorcar or balloon. -G.K. CHESTERTON |
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#38 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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The task of moderating comments is even more difficult now than when you were receiving most of the comments on your blog.
There is nothing unreasonable or contradictory about: 1.) There is too much content to moderate exhaustively. 2.) We will make the best effort to remove content that violates our terms of services and/or is illegal and/or we consider to be dangerous. |
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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#39 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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Ken White / Popehat has a good discussion of Section 230 here and discusses some of the right-wing arguments and why they fail.
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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#40 |
Philosophile
Join Date: Dec 2009
Location: Osaka, Japan
Posts: 29,398
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No, what would happen is that anyone and everyone with access to a lawyer will be bombarding You Tube every day saying they want all videos critical of their products to be taken down as being slanderous. If someone says, "Oh sure, Apple say they are eco-friendly that's why they took out the charger but basically it's just their way to save money." Apple complains, YouTube doesn't feel like fighting it in court so takes down the channel.
Same with any company, politician, public figure. Companies less well-healed than You Tube will be even more averse to risking lawsuits. It's one thing to fight legal challenges on behalf of your own video content, but another thing to fight on behalf of someone else's video content. |
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"The thief and the murderer follow nature just as much as the philanthropist. Cosmic evolution may teach us how the good and the evil tendencies of man may have come about; but, in itself, it is incompetent to furnish any better reason why what we call good is preferable to what we call evil than we had before." "Evolution and Ethics" T.H. Huxley (1893) |
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