Hacker News new | ask | show | jobs
by gonehome 2150 days ago
> “That is an incorrect interpretation of the law. Regardless of whether you consider them distributors they still retain liability.”

This seems to contradict everything I’ve read, including the case law history, do you have something you’re basing this on beyond personal opinion? Given that you left out the relevant Good Samaritan portion in your previous comment, it feels like you’re arguing from a position of motivated reasoning. I think you’re wrong on this issue, but I’m happy to be shown otherwise.

> “I am completely fine with that since content moderation is virtually nonexistent online.”

This just isn’t true: https://www.vanityfair.com/news/2019/02/men-are-scum-inside-...

As far as meritless argument, sites that allow user content could not exist if they were responsible for all of it. This is no way comparable to the moral hazard of slavery (which should not exist) so there’s no conflict.

I’m confused by your last point, I’m arguing that it is a legal shield. It’s just that the shield enables them to moderate.

1 comments

See https://en.m.wikipedia.org/wiki/Smith_v._California which was the law in place before section 230 and inspired section 230 for online content submissions.

My last point is that the producer of physical goods does not need a legal shield, because they separate distribution from availability. A web server cannot separate distribution from availability and thus would retain liability for content regardless of its reclassification.