From: smb@research.att.com
Date: Wed, 18 Aug 93 08:35:42 PDT
To: Eric Hughes <hughes@soda.berkeley.edu>
Subject: Re: The Zen of Anonymity
Message-ID: <9308181531.AA04787@toad.com>
MIME-Version: 1.0
Content-Type: text/plain


	 >Given: Some graffiti is on the wall.
	 >Question: who is `responsible' or `liable' for graffiti?

	 This question already has a known answer.  The author of the words is
	 the one that is liable for them.  No other parties are liable unless
	 they had prior knowledge; this would make them conspirators.

However, under certain circumstances the owner of a facility can be
held liable for not removing libelous graffiti.  I picked up a paper
from the net some time back (/telecom-archives/sysops.libel.liability
on ftp.lcs.mit.edu, ``Defamation Liability of Computerized BBS
Operators & Problems of Proof'', by John R. Kahn) which discusses that
point.  The judgement is context-dependent -- one court noted that
different standards apply to a New York subway car [sic] than to the
interior of a manufacturing plant -- but the general rule is that if
you know of some defamatory graffiti on your property, you're obligated
to remove it.