Legal Question in Technology Law in Minnesota

Website Questions

First, if someone posts something offensive on my site, am I liable for that?

Second, if someone made a phpBB skin called Vista, which is also based on Windows Vista colors, can they do that?

Third, what kind of copyright notice should I have if I have free games embedded (from Kewlbox. com, and I have permission to do so and use the exact code they provide to me) in the site, and external links to flash videos (from FreeOnlineGames. com), and misc. service names and awards on my site. I also have a phpBB forum, reviews of websites (like Powweb. com and others).

Fourth, if I write a negative review for a site or service, am I liable for any damages? (The statements were made based on my experience with the service.)

Fifth, what kind of notice should I put to show that I am not affiliated or related to in any way with the services I am reviewing?

Sixth, if you know anything about phpBB, does the COPPA software on it protect me?

Seventh, if I write a review, and information in that review has changed since the writing, am I liable for anything?

Finally, is there such thing as anti-libel, where I write a review about a great service that rates it very highly and I praise it and make it seem good (it is good)


Asked on 5/30/07, 5:28 pm

1 Answer from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Website Questions

1. Probably Not. There are a number of 'safe harbor' provisions, provided you follow the rules. Consult a lawyer with more specifics. You may have an obligation to take down the offensive material, etc. You should definitely have a policy that permits you to do so.

2. Probably not legal. The look and feel of Vista is likely protected under copyright, trade dress and unfair competition laws. Again, without more detail, it's impossible to give a yes/no answer.

3. See the kewlbox.com terms of service to find out if/whether you're required to give them any special credit or copyright notice on your site. Likewise for the other sources of content for your site.

4. If what you write is truly a review, (as in JOURNALISM), you're protected by the First Amendment. Some recent case decisions HAVE held that bloggers are journalists. Be cautious about libel, though... this is not carte blanche to trash the people and companies involved.

5. If you run a review site... you should have a very clear statement that these are reviews, and reflect the opinions of the author, and that you have no affiliation with the product manufacturers, etc.

6. Don't know what coppa software is.

7. No... assuming your review is dated, so readers will know they're reading older material.

8. No such thing as anti-libel. A positive review is just that... positive.

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Answered on 5/30/07, 6:16 pm


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