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Old 26-06-2008, 12:14 AM   #7 (permalink)
Saracen
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Re: anyone know good iphone forums?

That kind of disclaimer has no legal effect.

It's perfectly valid if, for instance, you're a newspaper saying that the opinions of a guest columnist don't represent the views of the paper, but it doesn't protect from from liability for civil matters like defamation. Think about it - if it did, there'd never be a defamation case against a newspaper, because every article would have that disclaimer.

Even more, it doesn't protect you from criminal liability, and some forms of copyright infringement are criminal offences if done as part of a business. And Hexus is a business.

As a practical measure, we don't want to be spending money or time in court splitting legal hairs. If you tried that kind of disclaimer and, for example, Apple's lawyers decided to challenge it, Hexus would either have to cave in, or be prepared to spend a lot of money arguing the point in court. As a simple practical matter, it's not a fight worth having over a dubious practice in relation to something that isn't even part of Hexus' business focus, but something members may discuss on a forum. Where it's a core business matter, such as review materials, Hexus takes care with what it publishes and stands behind it. But risking court cases over member's dubious forum posts? I don't think so.

Noli nothis permittere te terere.

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