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OT Internet forum legal quesion and right to view

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jdemaris

12-22-2007 13:05:51




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I was recently banned to participate in, or even view an Internet forum (not this one, obviously). It's the dieselplace (dot) c*m.

I didn't do anything improper, rude, insulting, etc., but that's not my point or question. I got sent the following - and it appears I'm being told I'm violating the law if I even try to view their webpages. Now, I can't say I've researched this - and in regard to the admins of that site - I don't care. They own or run the site, and I they can do what they want - for the most part. I wish now I'd never spent any time there. Here is what I was sent - which appears to be standard forum language:

This message serves as notice that you are not allowed to access, use, or view any
content on ********. You are not allowed by law to continue attempting to
access this site or to register under any other name or email address. Any person
violating this notice will be prosecuted to the fullest extent of the law.

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john in la

12-23-2007 02:55:20




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Since I am staying at my sons house for the holidays and he deals with ISP; web sites: ect at work all day; I asked him this question.
Here is what he said..... ...

Your internet service provider has control over you because you pay for the service.
Web sites have 2 options. Put a password on the account to stop access to the pages or let everyone look at them. So they can not stop you from looking.
Now most sites make you register to post. So you can look all you want for free and there is nothing they can do. If you were to be registered and start a problem while posting they can cancel your account and stop you from posting. You inturn register under a differant account. They will now block your ISP address. Just look at this site. Kim keeps tract of every post with a ISP address. Even though you do not have to register to post here if you make her mad she will lock out your ISP address. It is her control to keep wars from starting and keep control over her site.
If they have blocked your ISP address you will not beable to view the pages: but if they have not you can look all you want.
If you presist in making a problem by getting a differant address or a new provider; the web site would contact the ISP provider; and if they can prove their case you will loose your account.

This can go back and forth many times if you were the persistant type.

As far as taking you to court or something that is not really in the laws yet. Their is a new "Bully" law that has just come out but that is only passed in 1 or 2 states so far.

If I were to guess..... I would say they do not want you to visit or post again. They have most likely blocked your registration already. In a attempt to stop it here they are sending you some letter to scare you away rather than going threw the trouble of blocking your ISP address.

Thats like saying I will prosecuted you to the fullest extent of the law for driving down my street. If that scares you away I have gotten my way.

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Eric SEI

12-23-2007 19:08:32




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 Re: OT Internet forum legal quesion and right to view in reply to john in la, 12-23-2007 02:55:20  
That reminds me of some "adult" sites they say by clicking enter you are agreeing that you will not turn them into the police for obscene contents. That would be like putting a sign in the window of a store or bar banning the vice squad from entering. I'm sure that would protect them from the cops, don't you agree?



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jokers

12-24-2007 06:39:51




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 Re: OT Internet forum legal quesion and right to view in reply to Eric SEI, 12-23-2007 19:08:32  
"That reminds me of some "adult" sites they say by clicking enter you are agreeing that you will not turn them into the police for obscene contents."

That appears to be a titillating come on to attract people who want to see something obscene, nothing more, and I`m figuring that you are being sarcastic when you stated that would be enough to stop the fuzz from entering?

A similar or related situation in my mind is the guy who got busted for buying drugs or soliciting a prostitute who had asked the other person he was making a deal with if they were a cop. The cops can legally deny that the are cops when working undercover so if the establishment, whether virtual or brick and mortar allows public access, the cops can go in too. This has been examined in many courts throughout the US and affirmed in every one.

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dlplost

12-22-2007 23:10:07




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Seen/read many of your posts there, never saw anything wrong with any of them.
BUT I do have to agree with several others here, as I see it many of the posters there don't anything about what they're talking about.
I once asked a question about my G2500 van with 6.2 in it , all I ever got was BS answers from them.

I don't really believe there is any way they can prevent you from visiting thier site, that would be the same as a neighbor saying you cant look at his house as you drive by it, unless they password protect the entire forum, so you have to log in to view it. I think the most they can do is prevent you from logging in and being able to post.

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motorv8N

12-22-2007 21:32:34




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
I'm amazed people have managed to get an internet service provider to listen to anything about anyone at any time -- never mind actually act on it...



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Nolan

12-22-2007 18:56:01




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Since it's a public forum with no filters or restrictions on anyones ability to enter the site, they haven't got a leg to stand on saying you cannot ever even go look at it.

It's a twit site, that's pretty clear from cruising through it just now. Some sites just aren't worth bothering with, and that's one of them.



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Conniption Phit

12-22-2007 22:21:48




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 Re: OT Internet forum legal quesion and right to view in reply to Nolan, 12-22-2007 18:56:01  
Come on now, you can't mean that it is any more STOOPID than thedieselstop.com? After all, the high school Harries, wanna bee truck drivers, and the morons who have torn up their vehicle, and now are mad because Ford won't cover the damage under warranty, are world-class experts, aren't they?



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John M

12-23-2007 08:48:42




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 Re: OT Internet forum legal quesion and right to view in reply to Conniption Phit, 12-22-2007 22:21:48  
What? Not knocking YT now like you usually do? If TDS bothers you so much, just dont go there ,or keep mentioning it here.



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DitchWI

12-22-2007 18:53:15




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Write back and ask them to see the law as written pertaining to the situation. Seems to me if its a public domain they cannot exclude you. Going thru a simular issue where I work. Apparently if you are a retail store open to the public you cannot tell someone you will not sell to them.



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37 chief

12-22-2007 18:32:22




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Someome hacked into my E Mail and sent crap all over the plact. My internet provider shut me down. I had to prove it wasen't me who sent the stuff. Stan



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david b. guest

12-22-2007 17:45:37




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Always enjoy your posts. Don't let anybody get your goat. Check free legal aid or pay a couple of bucks and see what the real deal is. Merry Christmas!



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jdemaris

12-22-2007 17:44:12




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 Here's a Canadian radio - listen with permission only in reply to jdemaris, 12-22-2007 13:05:51  
Not quite the same - but I've got an old Viking farm radio I brought home from Canada. It says on the radio - that you need permission to even plug it in, from the "Ministry of Transport of Canada", or His Majesty will come and get you.

third party image

third party image

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Davis In SC

12-22-2007 17:33:23




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Jd, I think you fell victim to some folks that were intimidated by your level of knowledge. I always enjoy reading your posts here, I have learned a lot from them. As far as I have read here, you always reply as a gentleman and scholar.. Some 17 year old snot nose kid felt a need to use his "Authority", I guess.. I would seriously doubt that the could press charges for you viewing the site..



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JM in Merit

12-22-2007 17:29:21




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Just thinking, if a 17 year old can ban someone do you realy want to be a part of that forum?



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John T

12-22-2007 16:32:40




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Stay right with em my friend, heck I enjoy your postings n cant imagine why others wouldnt but THATS TO THEIR LOSS..... Tell em to kiss your grits lol

John T



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Floyd A tn

12-22-2007 16:24:49




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 Re: OT Internet forum legal quesion and right to view in reply to RodInNS, 12-22-2007 13:05:51  
As an admin on another site, they can not keep you from looking through the forum or even posting there.. It would take a lot on their part to do any thing to you..

What they an do, is turn you into your service provider.. If you are being unruley, beligerent, etc. the service provider can turn your service off or at least keep you from being able to connect to the site.. If this were to happen, the service provider would make the finale call on your behavior..

I do remember one member, a couple of years ago, that disrupted the site I admin, and it took A month to do it, but we did get the service provider to shut them down.. We had to prove that said person was going out of their way to disrupt the site.. That part was easy since they made 200 threads/post and all but 50 or so was disruptive..
Being off topic isn't reason enough to ban for most sites..

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jokers

12-23-2007 09:10:23




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 Re: OT Internet forum legal quesion and right to view in reply to Floyd A tn, 12-22-2007 16:24:49  
Floyd,

I don`t know where you get the idea that a website owner/admin can`t block any individual from accessing their site, whether to view or post, infact it is very simple if you have decent software like vBulletin, even some of the freebie phpBB forum software and it is legal.

I own a site, I require registration with an e-mail verification to post on my site because of trouble I`ve had with a certain group of nefarious internet "personalities".

My site is private property because I pay for the webhosting, registered forum name/domain, and the license to the forum software, thus I can limit or block access to anyone I want. I can make any or all areas of my forum not viewable to anyone, registered or not, and this is within my legal rights as forum owner. If however I don`t hide any portion of my forum it is public access and I would have no legal basis for the prosecution of someone VIEWING it, as in the case of a banned former member. They`re just blowing smoke up his behind with those threats.

My site is viewable by anyone but non-registered or not logged in persons cannot view attachments such as videos and photos, nor can they post. I can ban a specific IP address or a whole range of IPs immediately. I can also check registration and post IPs and see who is trying to fly under the radar by posting under another name if they were banned or compare IPs and see who has multiple identities. I can ban registration e-mail addresses all the way to the domain or ISP if I want, or even the extension such as .ru . There is more I can do all the way down to identifying who`s internet account is being used to cause me trouble but it`s rarely necessary.

The way I look at it is this, if someone wants you off their forum bad enough to ban you, why worry? Move on to somewhere that you fit better.

Some forums are notorious for getting upset if a poster strays too far off topic and it can be grounds for banning. I`m surprised that noone has thrown the "off topic" flag on this thread yet, this is one of the worst forums I know of for such reactions but it is not the admins, it`s some of the other posters.

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in-too-deep

12-22-2007 15:28:36




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Well, just think of all the visitors they lost by you telling us of their pig-headedness. Word-of-mouth can work wonders. Feel better? Good.



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Midwest redneck

12-22-2007 15:04:45




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Would they send lawyers to your house to arrest you? (doubt it) Maybe their uncle Quido will come and punch you out. (doubt it) Just go under another name and see what happens. I would just do it to see what happens. (how exciting)



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Walt Davies

12-22-2007 15:00:28




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
I wouldn't get to excited I have been kick off the ATIS list more time than you count on one hand. Just because I disagree with the two so-called experts on the list. The called an SOB and I got kicked off figure that one out.
Well I let them have there little list it seems to be more off topic than on tractors anyway so I just gave it up a few months ago.

I wouldn't think that anyone could keep someone from looking at a public domain website but I would think that they can keep you from signing back on with another name an e-mail address. The question what can they other than kick back off.

Walt

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Bob

12-22-2007 14:07:38




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Simply NOT visting that Forum sounds like a "no-brainer to me!



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jdemaris

12-22-2007 14:27:41




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 Re: OT Internet forum legal quesion and right to view in reply to Bob, 12-22-2007 14:07:38  
In retrospect, you are correct. But, like many forums - you don't know who's there, what knowledge is around, etc. I started there years and 1000s of posts ago - looking for info on 6.2 diesels. Found out that many there are clueless - i.e. new to any diesels, much less 6.2s. So, over the years, I wound of giving out a lot more accurate info than I ever received. That's OK, up to now. There are some young Chevy-loving kids at that forum who really want to learn something, so it's sometimes fun to pass on whatever knowledge I have.

I come here for info too - but at this place there seems to be a lot more people with genuine knowledge and hands-on experience with tractors as well as other aspects of life. And on the subject of "off topic" posts, they sometimes lead into very interesting areas of logic and knowledge - and I have learned a lot of some of these "wandering" posts. Nothing in life is true narrow straight line - and all useful knowledge is connected, one way or another.

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JK-NY

12-22-2007 13:50:21




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
That sounds odd to me -but I'm no expert on such things.Could be some sort of mistake? As far as "prosecuting to the fullest extent of the law" I cant imagine what law they're talking about, unless some wording in their "terms of use" (or whatever the long disclaimer most websites have is called) could be considered a contract. Well, I for one hope you spend more time here instead.Have a Merry Christmas.

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noncompos

12-22-2007 13:39:52




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
Weird...can"t say I"ve ever read anything that seems to bear, one way or the other...the first thing that pops up is if it"s a site open to the public, whether they can exclude anyone without some breaking of agreed upon rules (on some sites, when you "register", you agree to terms of use, which can be really ambiguous and complex) and whether an erroneous or poorly based exclusion amounts to defamation of chacter...Fascinating...

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kyhayman

12-22-2007 13:37:03




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  
I'd say they would have a tough time prosecuting that. Only thing I could see would be charging you with trespassing, and Id think most county attorneies would laugh at being asked to prosecute misdemeanor tresspassing for looking at public domain information. Might be worth checking out their TOS to see just exactly what you agreed to when you joined.



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KEH

12-22-2007 13:19:11




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 13:05:51  

I"ve never noticed you posting anything controversial on here, not that I check people that close. I wonder if they haven"t made a mistake and confused you with someone else. Hey, maybe that website is more interesting than it sounds, I may check it out.

KEH



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jdemaris

12-22-2007 14:08:10




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 Re: OT Internet forum legal quesion and right to view in reply to KEH, 12-22-2007 13:19:11  
No, no mistake. Somebody posted a thread and question about motor-oil and diesels, and after awhile - like many long forum conversations, it veered off the original topic. Then, somebody posted jumped in, complaining that we were off topic and should go elsewhere. I responded - telling him that if he a moderator, then that's fine. But, if he's just some unhappy forum reader - with no more authority than me - why not just choose NOT to read instead of complaining? Well, that was the beginning of the end - for me. He reported me to a 17 year old moderator. This moderator jumped in and acused me of insulting him (which I did not). So I sent this moderator a private non-forum email message in an attempt to discuss this. No rudeness, and no insults. And - that was it - I was banned. I also sent a private message to the head adminstrator and got no reply.

Back to the legal issue. I'm fairly well versed in land-based laws due to necessity. But - I'm basically clueless with digital or cyber law. If I tell someone to not enter my land, and they then do so anyway, that is legal trespass. So, if someone tells me not to look at their website, and afterwards, I go and look at it anyway, is that a cyber-trespass with legal implications? If so, maybe I'd better get off the Net.

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Mike (WA)

12-23-2007 09:08:03




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 14:08:10  
We could examine the legal implications ad nauseum, I suppose, but fortunately, the practical answer is much more straightforward- There is not a prosecutor in the land who could keep from laughing if some web site administrator tried to get him to press charges against you for looking at their site. From my experience, if the prosecutor laughs at your case, that's pretty much the end of it. Just bid "good riddance" to those idiots.

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paul

12-22-2007 14:28:35




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 14:08:10  
Cyber law is being created as we create the cyber..... There isn't much hard & clear & battled out in court for 100 years, all set.

That said, it would seem about impossible to enforce - if they allow folks to view their web pages without passwords, it is pretty well open to all to come & read. If they want to keep folks out, they need to at least password protect one from getting there.

I can understand if you tried to set up an account, or tried to participate. Just viewing an unprotected series of pages.....

What a judge & lawyers would work out, who knows.....

Now, why is this off-topic message here, it has nothing to do with tractors? Someone should report you.....

(Sorry, couldn't help myself... ;)

--->Paul

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jdemaris

12-22-2007 14:45:11




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 Re: OT Internet forum legal quesion and right to view in reply to paul, 12-22-2007 14:28:35  
Well, heck . . . at this point we should both be banned - because I started this and you are encouraging me.

Next, you'll start veering off and start talking about diesel motor oil, or some such nonsense.

What a slippery-slope that could be - then we might even be back to tractors.



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Bob85355

12-22-2007 15:33:52




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 Re: OT Internet forum legal quesion and right to view in reply to jdemaris, 12-22-2007 14:45:11  
Yeah, and maybe there are radio stations you"re not permitted to listen to or TV channels you"re not permitted to watch.

A lot of years ago I heard a late nightradio guy say "Portions of this program are void where prohibited by law."

Bob



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