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Subject: Re: T&Cs with confidentiality clauses (was Re: Yahho's [apparent] decision to drop Adult groups)
From: J C Lawrence <claw @ kanga . nu>
Date: Tue, 24 Apr 2001 01:17:41 -0700
To: Peter Galbavy <peter . galbavy @ knowledge . com>
Cc: list-managers @ greatcircle . com, list-moderators @ list-moderators . com
In-reply-to: Message from Peter Galbavy <peter.galbavy@knowledge.com> of "Tue, 17 Apr 2001 08:48:49 BST." <20010417084844.A16728@office.knowledge.com>
References: <Pine.BSF.4.21.0104111001290.916-100000@two.elistx.com> <v03130313b6fa3ad3911c@[208.165.39.218]> <3AD96CBE.1442.6A1E1BE@localhost> <20010416222731.C8330@blank.org> <20010417084844.A16728@office.knowledge.com>

On Tue, 17 Apr 2001 08:48:49 +0100 
Peter Galbavy <peter.galbavy@knowledge.com> wrote:

> This does bring up an interesting side issue: does *anyone* out
> there providing hosted e-mail declare a level of confidentialily
> and not claim ownership of content ? The two are separate
> questions... the latter being a snide dig at the recent Passport
> T&Cs.

I make a couple promises:

  1) I will never reveal anything about a list member, including
  whether or nor they are a list member, that they have not not
  explicitly revealed themselves.  Basically this means I can't
  can't and won't say squat about anyone regarding their list
  membership.

  2) Participating in one of my mailing lists is equivalent to
  having a conversation in my living using megaphones while the
  windows are open and everybody has tape recorders.  Loosely: By
  posting to the list you relinquish all publishing and republishing
  rights to your message.

#1 incidentally is one of the reasons I won't allow HTML in any of
my lists -- too many possible vectors for privacy invasions.

> Anyone with views / opinions from the UK and Europe (we have data
> protection laws - not a snide comment, but a fact that changes
> what you can put in T&Cs) would be more than welcome. For those
> outside Europe, bottom line is that the "identifiable living
> individual" owns the data, not the collector or processor.

My line is that the poster retains copyright, but not control over
the post, due to the fact that he explicitly relinquished those
rights for that post when he sent it to the list.

-- 
J C Lawrence                                       claw@kanga.nu
---------(*)                          http://www.kanga.nu/~claw/
--=| A man is as sane as he is dangerous to his environment |=--



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