04.28.04
Updated Comment Policy
Fellow Bear Flagger Justene Adamec over at Calblog has received a nasty petition from a Canadian company because of comments posted to her blog. This concens me because it could affect my website due to the nature of the Carnival of the Consumers. I need to protect myself from being held responsible for or being required to identify commenters to my blog. In light of this development, I’ve updated my comment policy to include some new language:
Any individual making a posting to this site agrees (by submitting the posting) to indemnify and hold Jeff Doolittle (”Jeff”) and the Jeff Doolittle dot com website (”JDDC”) harmless from any and all liability or injury that Jeff or JDDC may incur by reason of any posting.
By accessing this website you agree that any claims regarding speech presented herein are governed by California law, and consent to the exclusive juristiction and venue of state or federal courts sitting in Fresno, CA.
Furthermore, while all liability for comment content rests upon the commenter, Jeff and JDDC are unable to produce the identity of commenters and will under no circumstance be required to make any attempt to produce such information.
Thanks to Patterico for tipping me off.
Justene said,
April 28, 2004 at 11:33 am
I’m not sure that works. If I libel you and you are harmed, you can sue and never access the website. Can’t hurt though. I don’t think they have jurisdiction anyway so I am ignoring them.
They aren’t asking for $, not even costs, and info that I don’t have. It’s just annoying.
Jeff said,
April 28, 2004 at 11:40 am
I’m more concerned about the person who may have some choice words about a product or service which they contribute to the Carnival of the Consumers. It is quite possible that one of these companies would try to take legal action in a court which does have jurisdiction. I’d rather make a good faith effort to protect myself than just be openly exposed, especially as my site’s exposure and notoriety increase.
Infinite Monkeys said,
April 29, 2004 at 6:08 am
Monkey Comments Policy
Back in our Blog*Spot days, we never utilized a Comments service. Now that we’re using MovableType, some folks are still baffled over our practice of rarely enabling comments on our posts. (You’ll find that most comments on InfMonks these days…
Justene said,
April 29, 2004 at 7:56 am
the problem is that you can’t really protect yourself from being sued. The CDA protects you in the case of commenters. The law of defamation ought to protect you if you’re republishing in the Carnival. Reviews are opinions, which is not defamation. Plus there are other rules that would protect you. Still, if someone sues, you have to go to court and raise those.
Jeff said,
April 29, 2004 at 8:26 am
And perhaps you’d commute to Fresno to provide counsel for the case? =)