Is leaked information legal/allowed?

Discussion in 'Legal Issues' started by thefunstarts, Nov 17, 2012.

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  1. #1
    I run a forum which occasionally will have information posted about the product we are dedicated to, before the company releases the information. One time previously they asked us to remove a thread, because it was "unauthroised" information, and claimed members who work for them could get in trouble.

    My question is, is the leaked information legal? Is the website responsible? If other people are posting it, how is the site responsible? If they ask for us to take it down, do we have to?

    Thanks.
     
    thefunstarts, Nov 17, 2012 IP
  2. diziadvice

    diziadvice Member

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    #2
    I don't think so but its better to mention those terms on you user registration/ terms of use page.
     
    diziadvice, Nov 17, 2012 IP
  3. sarah_23

    sarah_23 Active Member

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    #3
    It purely depends on the country you are living and you should have to mention this on your toc
     
    sarah_23, Nov 19, 2012 IP
  4. digitalpoint

    digitalpoint Overlord of no one Staff

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    #4
    digitalpoint, Nov 19, 2012 IP
  5. omgcats

    omgcats Member

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    #5
    It is illegal for employees to leak information which they were given confidentially. It is NOT illegal for you to create a platform where they can leak info, due to the law which digitalpoint linked to above. You will be fine as long as you comply with takedowns, however the company could come asking you for IP addresses and other info of the people who leaked the info in order to identify those individuals and take legal action against them.
     
    omgcats, Nov 21, 2012 IP
  6. browntwn

    browntwn Illustrious Member

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    #6
    They can ask all they want, but without a subpoena you do not need to give anyone anything (if you want to, of course, you are free to offer any information). If presented a subpoena from a US court I would comply with it.
     
    browntwn, Nov 22, 2012 IP
  7. Rukbat

    Rukbat Well-Known Member

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    #7
    It depends not only on the country you're located in and the country the company is located in, it depends on the employment conditions of the employee who leaked the information.

    Is it illegal? Not unless the "company" is a government agency, and in that country it's illegal to leak information from that agency. But it can very well be actionable - a civil matter.

    You can be sued and you can be prosecuted - they're totally different things. Doing something that harms another is an action that he can sue you for. Doing something that's illegal is something you can be prosecuted for. The first can result in a judgement - you can be required to cease what you're doing, or pay monetary compensation (or even do something specific, as in a specific performance suit). The second can result in a fine or a jail or prison sentence (jail for shorter sentences, prison for longer ones - the dividing line is usually 364 days/365 days.)
     
    Rukbat, Dec 1, 2012 IP