Digg and the leaked HD-DVD code

After the mayhem at Digg around the leaked decryption key for HD-DVDs, Digg founder Kevin Rose posted on the Digg blog a post saying that they will accept their users' will and stop taking down stories about this code.

He thinks that this will lead to Digg being closed down, and I have no doubts that this will happen, but doesn't the staff there have a legal obligation to do their best to delete these stories? Can't they be prosecuted personally for not doing so?

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Apparently, one federal court of appeals did prohibit linking to a similar decryption tool.  (The University of Chicago Law School Faculty Blog:

Digg This?: What Laws Must We Obey?)  However, a law professor has described an argument that Digg might be protected by a "safe harbor" for postings by its users.  The professor isn't sure that it would succeed -- but at least it's an argument.  (madisonian.net: Digg, AACS, and the Section 230 Safe Harbor)

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