[MartinCron]

Serious question: Let's say for a moment that this is akin to defamation. Why would it be Wordpress' legal responsibility to take down the posts or the blog and not the person who posted them? It seems that holding Wordpress responsible for what their users say is a burdensome and dangerous notion.

[xsmasher]

The blogger put the post up on Wordpress.com. It now resides on a server wholly owned by Wordpress, which is serving up the blog to the entire world.

I'm trying to avoid making a third analogy, because analogy usually takes you further from the specifics, but apparently I can't help it: It's analogous to suing YouTube when a user uploads copyrighted content. What is YouTube's responsibility to stop serving up the "illegal" content? Or a mail host's responsibility to stop customers from sending spam?

Hosts can not wash their hands of the content that they're sending out just because it was user-generated.

[pjnewton]

I think you may have been better off not making the third analogy... Because now I want to ask: So republishing copyrighted material and posting a scathing review are in the same 'illegal' class?

[xsmasher]

That's the problem with analogy - it moves the conversation off the topic and onto the fit and fitness of the analogy. I should have thought of something with cars.

My point was not that both crimes were equivalent. My point was that "a user did it!" is not a defense against lawsuits.

[pjnewton]

Yeah I agree, that is definitely no defense. I just don't know if I would even consider a lawsuit like this valid. But I'm not a lawyer nor am I in Romania so I'm speaking completely from opinion.