Penn Jennings offers another flawed analogy:
> No, it's more like this: You are THE manager at a private post office. You
> have been told by several people that "Bob Dole", one of your carriers has
> threatened to kill them. You do nothing. A month later Bod Dole goes
> postal. If you get named in the wrongfull death suit, so know like Jenny
> Jones will be, what does the picture look like for you? Rosey?
Your analogy proves nothing, other than a manager is responsible for
the people in his employ, which is completely inapplicable to the case
of a mailing list on the net.
Closer to the case is this -- you run a private post office. One of
the people who you deliver mail to comes to you and tells you that she
received a threatening phone call from another person who you deliver
mail to. Do you have a legal obligation to then stop delivering mail
to the person who threatened her by phone? If she gets killed and
you didn't stop the guy's mail, are you at fault?
This is exactly the case we're talking about here -- someone on your
list reportedly threatened via private email by someone else on your
list. The obligation and liability is not clear at all, Penn, and
each time you try to "prove" your case, it gets even more obvious that
the list manager is _not_ going to be charged with negligence in a
wrongful death suit.
--Kynn
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