Clampe, thanks for clearing things up on the reasons behind this move. Knowing why something has been started makes it much easier to have a stab at what might really be needed.
My suggestion would be:
- Keep with the "be cool". It's flexible, and all inclusive.
- Have a non-legally binding set of community guidelines to make it clear to noders what is and isn't acceptable, but recognise that however much you pin them down they will never be applied consistently to different people. Even if you try to list every single possible good and bad case, it's still going to be open to interpretation, just like the law.
- Put links on the top or bottom of every page to
- a contact page which includes abuse@
- a copyright page which includes DMCA contact information, noders' rights (maybe something like the suggested for writeups, in Draft Everything2 Terms of Service response and a derivative-permitting CC type licence for code), and E2's own copyright in the bits you want to protect
- as for indemnity...what can you ensure? Would this be enough to run past official lawyers?
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Simple, and open seems far more useful and far safer than not-entirely-perfect legalese.