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Question of the Day: At what point do you sell your car?
Internet cafe rules
- Thread starter Cameron
- Start date
GuRu
Senior Member
You will be responsible as the owner .!
dominic
Legal Expert: Telecoms
can't say that i know the answer for sure but i would imagine the following legal logic would apply
1. by providing the facility to access the interweb you are creating a risk of illegal or unlawful behaviour (as an employer does when giving access to an employee but to a lesser degree here)
2. as a result you should take reasonable steps to manage and minimise this risk
3. if you are sued because a user downloaded copyright material (which i think is unlikely) proving that you took reasonable steps will be a defence
4. @ the end of the day it is the responsibility of the person committing the unlawful/illegal act - you certainly do not intend for them to break the law or act unlawfully and you are not being negligent in letting them do so
examples of taking reasonable steps
1. signs on the walls stating explicitly that no illegal or unlawful use is allowed
2. a pop-up to gain agreement to an AUP when a user commences a session
3. blocking sites where justified (although extreme care needs to be taken with this)
3. an indemnity and disclaimer (sign / form) in which the user agrees to carry the can for their actions
* this is generalisation but -
illegal - an offence in terms of the law (usually criminal), e.g. the crime of unauthorised access
unlawful - usually as between people, e.g. defamation or copyright infringement where one sues another for an infringement of rights
edit - child porn all bets are off - internet cafes are required to register with the film and publications board and regulated in this respect
1. by providing the facility to access the interweb you are creating a risk of illegal or unlawful behaviour (as an employer does when giving access to an employee but to a lesser degree here)
2. as a result you should take reasonable steps to manage and minimise this risk
3. if you are sued because a user downloaded copyright material (which i think is unlikely) proving that you took reasonable steps will be a defence
4. @ the end of the day it is the responsibility of the person committing the unlawful/illegal act - you certainly do not intend for them to break the law or act unlawfully and you are not being negligent in letting them do so
examples of taking reasonable steps
1. signs on the walls stating explicitly that no illegal or unlawful use is allowed
2. a pop-up to gain agreement to an AUP when a user commences a session
3. blocking sites where justified (although extreme care needs to be taken with this)
3. an indemnity and disclaimer (sign / form) in which the user agrees to carry the can for their actions
* this is generalisation but -
illegal - an offence in terms of the law (usually criminal), e.g. the crime of unauthorised access
unlawful - usually as between people, e.g. defamation or copyright infringement where one sues another for an infringement of rights
edit - child porn all bets are off - internet cafes are required to register with the film and publications board and regulated in this respect
killadoob
Honorary Master
its simple if you ask me, if someone does shyte at your shop its not your problem man
your just providing a service ppl who abuse it are at fault
your just providing a service ppl who abuse it are at fault
