Great Circle Associates List-Managers
(June 1995)
 

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Subject: legal issues
From: leigh @ nbi . com (Leigh Melton)
Organization: A Little Fluffy Cloud
Date: Wed, 28 Jun 95 05:23:42 EDT
To: list-managers @ greatcircle . com

Hello all.

I run three mailing lists, two devoted to doll/toy collecting and one on
the subject of sewing.  All told I have approximately 500 subscribers to
my lists.

I have been fortunate I suppose in that I have only had to remove two
persons from my lists in the past 6 months for continual violation of
the rules which are sent to each new member upon subscribing (like
anybody reads those welcome messages, I know).

The latest case is a gentleman who has taken things a bit far in his
anger and frustration from being removed from one of the collector's
lists.  He is threatening to have the "FBI and the other proper
authorities" contact me as a party in his dispute with another list
member over a business deal gone wrong, a deal which took place before
either was a subscriber to my list and did not even originate on the
Internet.

All of this is completely preposterous, along the lines of being sued
for "liable" by C&S (who once threatened to sue me under the name of
"postmaster" as they had no other).  It did raise in my mind though a
concern regarding yet ANOTHER disclaimer I might have to add to either
the welcome message or each individual message, the same sort of
disclaimer that a newspaper uses on its classified ad section, perhaps
along the lines of "we're not responsible for the outcome of business
transactions conducted via this list" or some such thing.

I already have an X-Disclaimer: line on each and every message which
goes out to this particular list reiterating that Barbie(tm) is a
trademark of Mattel, due to previous legal wrangling with them.

In general the legal issues relating to running a list of any sort are
of a concern to me, and in specific the issues which relate to business
deals done as a result of contact between parties via the list.  I am
going to assume for the moment that a "common-carrier" like protection
extends to mailing lists, but I'm not certain.  If and when a real
instance of something like this pops up, I'd like to be informed.

Has anyone else experienced these sorts of problem, and perhaps have any
knowledge on the subject to share?


L.

      ---------------------------------------------------------------
      *leigh @
 nbi .
 com  As a matter of fact, I _do_ speak for nbi.com.*
     "Consequences, schmonsequences, as long as I'm rich." -Daffy Duck




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