Great Circle Associates List-Managers
(August 2003)

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Subject: Re: list policies about vacation programs
From: Chuq Von Rospach <chuqui @ plaidworks . com>
Date: Thu, 14 Aug 2003 15:19:56 -0700
To: Bob Bish <bobbish @ earthlink . net>
Cc: Chuq Von Rospach <chuqui @ plaidworks . com>,list-managers @ greatcircle . com
In-reply-to: <>

On Thursday, August 14, 2003, at 02:37  PM, Bob Bish wrote:

>    For one, e-mail could not possibly hold up as evidence in a court 
> of law.  It is far too easy to fake.

My organization has been involved in discovery of email from backups in 
a number of legal cases. Trust me, it *can* hold up. And then there are 
the wall street people who got nailed because they promoted stocks in 
public, and wrote emails trashing them. If email can't be used as 
evidence, how'd that happen?

>    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!

can you sue? Yes. Will you win? depends on the situation. But you most 
certainly can sue, and if AOL was asked to step in and terminate the 
abuse and didn't, you'd likely win. This isn't much different from the 
case Verizon was fighting (and lost) over handing over indentification 
info to the RIAA. Or the John Doe lawsuits companies file against 
anonymous posters in chatrooms to get discovery capability to gain 
their identity (see AquaCool vs. Yahoo), or to stop leaking of 
confidential information (see Apple vs. "worker bee").

unfortunately, bob, what you wish to be true ain't.

>    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.

No, but we're headed in that direction.

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