Great Circle Associates List-Managers
(August 2003)
 

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Subject: Re: list policies about vacation programs
From: Bob Bish <bobbish @ earthlink . net>
Date: Thu, 14 Aug 2003 14:37:33 -0700
To: list-managers @ greatcircle . com
In-reply-to: <20030814203219 . GF21886 @ igtc . igtc . com>
References: <E10CBC1B-CE7C-11D7-9D95-0003934516A8 @ plaidworks . com> <200308141702 . KAA29595 @ eskimo . com> <E10CBC1B-CE7C-11D7-9D95-0003934516A8 @ plaidworks . com>


> Yes. Your service is facilitating the communication. If two people get
> into a fight through your list, carry it off into private email and it
> turns abusive, you still have responsibility, because you still have a
> liability issue. How much liability depends on the situation and who
> does what, but don't for a second think the court won't see you as at
> least partially liable as the owner of the source of the abuse.

This is utterly ridiculous. I'm not an attorney, but a law degree isn't necessary to see the obvious holes in this so-called "logic". For one, e-mail could not possibly hold up as evidence in a court of law. It is far too easy to fake. There was an AOL subscriber on one of my lists who was very abusive to other list members both on- and off-list. Can I sue AOL because it facilitated the abusive communications? Can each member of that list also sue AOL? Gee, I don't think so! If this was true there would be no Internet. It would have been litigated out of existence years ago. Millions of lawsuits would be filed every day.

...Bob



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