Legal Question in Technology Law in California
banned members retroactively pull posts
I run a Web-based forum. I banned some misbehaving members. They got together, and are attempting to ''gut'' my forum by demanding that all their posts be removed.
My forum has a membership agreement similar to the one in use on this forum -- members agree to grant a ''non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use and change said posts.'' I've no idea if lawyers actually think these agreements will stand up in court. What are my odds?
In addition, the main player in all of this -- the one who is likely to actually sue me -- is in Illinois. I'm in California. My membership agreement does NOT have a ''all disputes must be resolved in California'' clause. Does that mean that I have to fight him in Illinois?
2 Answers from Attorneys
Re: banned members retroactively pull posts
I would delete the posts. What's so durn important about a couple of posts that you would risk a lawsuit?
Re: banned members retroactively pull posts
I can understand why you would want to control the content on your own computer, even if you do allow others to upload material to that computer on a limited basis. I am not aware of any situation under the circumstances you describe which would warrant a court ordering you to remove material (unless there were a third party, not the banned member who posted the material, that was asserting some rights).
You could file for declaratory relief in California, and force them to come out here. Or you could wait and see if they are able to come up with the money to hire an attorney in Illinois.
It seems to me that your odds are good in any forum, but it would be cheaper for you to litigate locally.
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