At 10:08 PM 1/2/97 -0800, you wrote:
>Please tell me again how removing someone from a mailing list prevents
>murder? Thanks.
This was really very simple. Follow closely. In the example the List
manager is made aware that a very serious threat exists on his. He take no
action. This allows the threat to continue to exist. If someone joins the
AFTER the threat was identified and is damaged by this threat you may be
held partially responsible because the damage was foreseeable AND avoidable.
A jury can decide that you ware a factor in the damage and say you were,
lets say, 25% at fault. In a $1,000,000 suit that comes to..... Damn $250,000.
A ordinary, reasonable prudent does not do NOTHING when they are notified
that a threat exists and they are in charge. As the list manager you would
have to something. You CAN argue about what to though.
Wait let me get this right. You don't mind being sued. It might do like this.
ATTORENY: Are you the list manager?
YOU: Yes
ATTORNEY: Are you in charge, do you make management and operation decisions?
YOU: Yes
ATTORNEY: Have you ever removed users from your list for any reason?
YOU: Yes
ATTORNEY: Did several users tell you "Bob Dole" was going kill them?
YOU: Sure, many times.
ATTORNEY: What did you do about that?
YOU: Nothing
ATTORNEY: Why?
YOU: Hey, why should I?
JUDGE: Jury, please remain seated....
>Please state their names and qualifications. You have provided no
>proof of anything. I can make up a dozen anonymous lawyers who agree
>with me, if I don't have to tell anyone who they are.
>
>Better yet, get them to join this mailing list. They -are- on the
>net, and they -do- know what mailing lists are, right? (If they can
>join this list without your assistance, then I'll start believing
>that they know what they're talking about when they give "legal advice"
>about mailing lists on the net.)
Listen, I'm not being paid to provide this information to you and they are
not either. I could care less if you don't believe me. PLEASE, contact
your own local attorney.
Dude! some of this is common sense...
Stop and think about the incredibly ridiculous cases and awards in this
country for just a second. This is a country were a lady can go to
McDonalds, order a hot coffee, split it on HERSELF while driving and then
blame McDonalds and win a multimillion dollar suit.
Jenny Jones didn't kill anyone, however, the jury in criminal trial thought
that should have taken more steps to protect her guests and said so. How
much do you think it will cost her?
I'm done with this topic. Next!
__________________________________________________________________
Copyright 1996 (c) Penn Jennings
Penn Jennings
jennings@cyberca.com
http://www.cyberca.com/~jennings/
The road to evil is paved with good intentions.
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