Internet Liability

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Internet Liability

Postby Evan Pantazi » Wed May 05, 1999 11:44 am

Would any of those more learned in the matters of the Law be able to shed light on the liability factor involved with describing a technique that would cause severe damage to someone if used.

Say I describe a Pressure Point or other method that would make it easier to break an individuals windpipe. Would I be accountable if someone actually used it and pointed to my posting as the source of their inspiration?

Would a waiver and age disclaimer help as a screen to get onto the forum in question also?

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Internet Liability

Postby JOHN THURSTON » Fri May 07, 1999 12:19 am

Evan san:

Speech is protected, generally. Advice on how one might defend oneself is not inciting to riot or giving the instructions of how to make an illegal destructive device or crying fire in a theater full of people.

The examples given are of "non protected speech.

I think, personally, that the type of speech your proposal suggests is "protected". I will prepare a research opinion on it and maybe the other attorneys on the line can help.

JOHN

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Internet Liability

Postby Robb in Sacramento » Fri May 07, 1999 4:41 am

Mr. Thurston:

I am looking forward to your paper. While I agree with you that speech is generally protected, my concerns would be with negligence and/or strict liability. Is Mr. Pantazi putting an inherently dangerous comodity (martial arts information) into the stream of commerce? Does he have a duty to anyone who might be injured by his placing this information into the stream of commerce?
Would the use of the information by a third party be a sufficient intervening act so as to insulate him due to lack of proximate cause? Does he have a duty to warn?

I also believe a more intriguing question is whether Mr. Pantazi would be liable to an individual who used a technique he describes and finds it ineffective, or is injured due to the application of the technique. In addition to issues of negligence, I believe a person using Mr. Pantazi's information who suffers injury in reliance upon the use of the information, could have a cause of action based on contract. Most of us pay a fee for accessing the information super highway. While Mr. Pantazi might not get any compensation for his input into this forum, if he is earning money as a martial arts instructor, one could argue his participation in the forums is an extension of his commercial enterprise, and his offering of techniques must be made subject to the implied warranties of merchantability and good faith and fair dealing.

Obviously, I think the question is extraordinarily complex. And, while I also agree with you that the possibility of liability is somewhat remote, it would not surprise me to see litigation.

I look forward to your research. Peace.
Robb in Sacramento
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Internet Liability

Postby Rick Wilson » Fri May 07, 1999 7:08 am

Certainly cannot give any legal opinion, but some of the Medical Information sites have an agreement that you must click on before you are allowed access. The agreement deals with the use or misuse of the information found on the site. I wonder if this is something that should be looked into?

Rick
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Internet Liability

Postby Moe Mensale » Fri May 07, 1999 12:54 pm

Perhaps something along the lines of the following should be prominantly displayed on the home page and/or the main Forum page:

All information discussed herein is for academic purposes only and the publisher/webmaster/author/whatever disclaims any liability for its misuse. Consult a qualified instructor before attempting any of the techniques described.

You will see warnings such as the above on many of the products from the infamous Paladin Press.

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Internet Liability

Postby Evan Pantazi » Fri May 07, 1999 10:09 pm

As logical as it may seem, I don't believe that any disclaimer would hold in a courtroom situation. Isn't a waiver even a joke in the courtroom these days.

Another question I have regarding this is, would I be covered under my School's Liability insurance, as I am in an instructional mode when posting.

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Internet Liability

Postby adrian » Thu Aug 31, 2000 2:11 pm

On a similar note, how would publishers/authors of books like the Bubishi and other books containing pressure point techniques stand in court if an attacker who'd read them was put on trial for GBH or murder ? Some PP techniques, like ones to the neck and back of the head, are pretty easy to execute and a thug could easily repeatedly hit someone on the large intestine or gall bladder points.
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