-6B.
12.
The forum’s operation
The forum was known as the Hong Kong Golden Forum with the
URL 7 addresses http://forum7.hkgolden.com and http://forum4.hkgolden.com.
The forum had different discussion “channels” catering for various interests of
users, including channels concerning computer products and software, games,
photography, academic matters, music, finance, sports, entertainment, mobile
phones and leisure. The leisure channel 8 was the most popular. Use of the
forum was free, the respondents relying on advertising to generate income.
13.
Anyone could browse the website but only persons who had
registered as members were able to post messages on the forum. Someone
wishing to register had to provide his or her name and certain other details,
including a traceable e-mail address with a recognised internet service provider
(“ISP”), rather than a more anonymous e-mail address from a web-based
provider such as Gmail, Hotmail or Yahoo. Membership was also conditional
on accepting the rules of the forum which included a prohibition against
postings with objectionable content, including defamation, pornography,
harassment and infringing intellectual property rights.
A person who
successfully registered as a member adopted a forum nickname and would
automatically be assigned a password. A member who violated the rules might
have his membership suspended or terminated.
14.
Although the evidence indicated that the details purportedly
provided by persons registering as members were very often obviously
fictitious, the condition that they provide an e-mail address with a recognised
ISP was of some significance. In the present case, the appellants obtained
7
Universal Resource Location, that is, the sequence of letters that identifies and locates
resources on the World Wide Web and on the computer hosting the particular website.
8
It was suggested at the hearing that the Chinese title of the channel is better translated as
“Gossip” rather than “Leisure”.