Outlander
As for liability, having limited liability is not written in stone.
If you get sued for hundreds of thousands of pounds the winning party could then argue that it was not lawful to create that kind of liability as a small business to shield yourself from the legal consequences of your reckless speech actions and therefore you should be held personally liable. — boethius
boethius
boethius
I think his point was, based on his understanding, which I assume to be accurate, OSA compliance basically protects a person from all of that, assuming they abide by its guidelines, which include ability to moderate and delete offending content. — Outlander
As it stands now, Jamal is a UK citizen open to anyone who is also a UK citizen to take him to court, if they have the wherewithal, of course. — Outlander
And yes, it does vary on jurisdiction, precisely as you say. Though what is interesting is this is "hosted" software (as will the new forum be, presumably) meaning it depends on not only where those servers are located but how experienced (or inclined toward the particular site owner or free speech in general) the forum company that provides the software and hosting, which it can terminate the forum "owner's" license or ability to use it at anytime, mind you. What would stop me from filing a request, right now as things are, to either the forum company or if this were actually privately-hosted, the hosting company and essentially accomplishing the same thing (getting the site shut down or forced to remove offending content or otherwise fundamentally changing how it operates? — Outlander
That said, you seem to know your stuff. Such wisdom is best heeded, perhaps? :smile: — Outlander
boethius
Jamal
boethius
Outlander
3. Harassment by the government. Maybe someone posts on the forum something about some minister that minister finds out about (as they obsessively police their online mentions) and then uses their government power to go after your business and you yourself: audits, hate speech, money laundering, whatever. — boethius
However, if the plaintiff can force you to spend money then they can just keep doing that until you're broke. — boethius
Hanover
Freedom of speech does pretty much exist in America, land of the free. — boethius
boethius
Wouldn't that be like, a huge deal, turning Jamal into a celebrity overnight and elevating this quiet little corner of the Internet into something anyone here wouldn't ever imagine in their wildest dreams? — Outlander
Aren't there equal safeguards against this blatant and codified form of abuse of the legal system? Frivolous lawsuits, "lawfare", etc? — Outlander
javi2541997
A UK limited company is very simple. In contrast, a non-profit or charitable incorporated organisation (CIO) or similar would mean a lot of bureaucracy, at least in the UK. — Jamal
Jamal
My main argument is against the UK jurisdiction, mainly due to all the speech laws that have been created, or suddenly enforced in new ways. — boethius
Christoffer
Wouldn't that be like, a huge deal, turning Jamal into a celebrity overnight and elevating this quiet little corner of the Internet into something anyone here wouldn't ever imagine in their wildest dreams? He would be the ultimate "every man" martyr everybody and their grandma would get behind—point being, it would make the elected official look bad which is not in any elected official's MO. No? — Outlander
boethius
Terrorism content: material that encourages, glorifies, or provides instruction for terrorism, or originates from a proscribed terrorist organisation — Jamal
Outlander
Someone who is really a well resourced predator would have the sophistication and accomplices to carry out such a crime without creating any evidence that is what is happening. They will come to court as simply country folk with good cause and better reputations.
Such an actor could make a company to make a company to make a company to, all in different countries, just to sue Jamal. — boethius
Jamal
But the basic gist of what I'm trying to say is that "following the rules" is not anyways a way to avoid court and the expenses of even going to court.
Someone can just say you're breaking the law, take things out of context, even fabricate evidence that never happened or make wild claims about what did happen. Who's to say you're in the right and did nothing wrong?
A lengthy and expensive court process. — boethius
Jamal
I mean it's probably safer in the US, but not worth the hassle for that added safety. It strikes me as overkill to make us bulletproof. It feels like you might be catastrophizing and overburdening.
In other words, if we do our best to be above board, we'll be fine in the UK. — Hanover
boethius
Remind me again why you think it's better if I get sued personally rather than The Philosophy Forum Ltd. — Jamal
boethius
Rather than an argument against forming a UK company, this seems to be an argument against existing at all. — Jamal
javi2541997
Jamal
To sue someone personally you need to go to the district where they live, so the issue of physically getting to court is at least solved. — boethius
boethius
This is simply not true in UK law. — Jamal
Again, I have no idea what is going on in your legal system but in UK law, pretty much everything you say in that post is false, and perhaps based on some very peculiar circumstances that you know about from your own life. — Jamal
Jamal
You're saying you could live in Norther Scotland and be forced to appear in a London court by a plaintiff without the case having any connection to London (except maybe the plaintiff lives there)? — boethius
You have more experience with all the people you've banned than I do, are you confident none of them would bring you to court when they suddenly have consumer rights vis-a-vis The Philosophy Forum Ldt.? — boethius
Are you confident no one participating or reading the forum would ever interpret anything on the forum as something from the naughty list of no-no's, and be motivated to have their day in court about that? — boethius
Are you confident the UK government will never take particular interest in what's said here on their own account for whatever reason? — boethius
boethius
Jamal
What I'm providing is a framework to analyze liability and business decisions. — boethius
My recommendation would be to aim to make a structure that is financially sustainable and can handle all the kinds of events that are likely to happen — boethius
boethius
The plaintiff's location is the connection. It's about where the harm has occurred. — Jamal
Why do you think consumer rights magically appear just because a company exists? They don't. Anyone who could hypothetically sue The Philosophy Forum Ltd could already do the same against me personally today. The company just limits my personal exposure if someone ever did try something. — Jamal
Jamal
Right now philosophy forum is your private property that you don't provide a service through. So it's like inviting us to your private house: you can invite us to come in and you can tell us to go.
Once you're a company, you are by definition providing a service. — boethius
Jamal
Again, most regular people don't go cause harm far from where they live.
So a private individual who says something online in Northern Scotland, that someone in London takes issue with, will need to appear in London court?
The offence has occurred in Northern Scotland or in London? — boethius
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