Web Forum Operator - Legal Questions

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Brsd

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Hi all and thanks for a great site!

I own and operate a web forum, sort of like a "consumer reports" type that discusses different brands of a certain kind of outboard motor product. There are only about 5 manufacturers that make these things. We'll refer to the one in particuliar as "brand X"

A little history:
These hunters were regularly visiting a popular hunting forum site that has a section devoted to these motors. This web forum sells ads to manufacturers. Brand X company owner is hated for his marketing BS that he spews and since he buys a lot of ads with this popular forum, he gets negative stuff said about his product deleted. These are comments about how things broke etc etc. He also gets a lot of members banned for making negative comments. Money talks.

Along comes a guy who gets a free web host forum and creates a site dedicated to discussing these motors. He begins it as a "say what you want, talk all the shit you want about X brand type of place." Well, that made him pretty liable to me.

Things are going and then he gets calls from the brand X company owner stating that they have thousands of posts copied to use in court against him and if he doesn't clean up the negative stuff, he will sue and have the site shut down.

Then a little while later, brand X owner contacts the free hosting service that the guy was using and tell them he is threatening to sue and of course they shut the site down.


At the present:

The original owner gave me the site (I design sites for a living).
I totally redesigned it and placed copies of the user agreements that everyone agreed to when they signed up as a sticky on every individual forum and stated the new direction of the site as a place to learn about all brands on the market and not a place to bash any company or owner. It is now a business with advertisers on board, a professional web forum, no longer the hobby site. I also reminded everyone that they are liable for what they say on the forum.

I have been having people post PM's from brand X company owner, as well as other pm's and emails from people that own brand X motors.

I know that the federal law states that I am not liable for what users post on forums, and I've reminded the users of that. Lately, there was a drawing circulating that seemed to be nothing more than a fake, and a ploy to leak it onto my site so they could get us on copyright. (it never made it onto my site and would have deleted it if it did)

Here's my questions:

1. I think brand X owner is at it again, copying posts to use as evidence, can he have me shut down, even though I have gone above and beyond by announcing several times the rules and that I absolutely do not promote bashing of any company?

2. Is it illegal for these users to post pm's, posts or email from other sites on mine?

3. If he threatens to have me shut down, can I legally post his threats in public and not be held liable? (this may give me leverage to shut him up.)



Thanks!
 
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