On 12 Jul 2000, 8:06, Miles Fidelman wrote:
[...]
> Also... any sense of where things are going regarding liability for
> things like advice given on a moderated list?
IMHO...
Years ago I read that our liability to our subscribers was dependent on
what our subscribers paid for the service. From that I have since
concluded that on a free list to which neither the subscribers pay you
money nor for which you, the owner, make any money, the owner's
liability for actions which yourself or other subscribers cause, or
even that which their provider's cause, should be nil. If you charge
your subscribers a fee or possibly if you accept and distribute ads
from which you derive revenue for yourself, then it might be a good
idea to include a disclaimer in both your welcome letter and in your
distributions.
Let me ask this question to all of ya'll. Do you know of any instance
where a subscriber suffered debilitating mental anguish or monetary
lose due to the actions of a listowner, that possibly could be the
basis of a suit based on current laws, separate and apart from the
aspect of an e-mail mailing list? I ask that because I doubt very
seriously there are current laws that address the "e-mail list" as an
entity. More likely, any cause for a suit would be brought up on
current laws, such as libel.
You're greatest fear today as listowners is not the law, but lawyers.
Lawyers will often attempt to SLAPP (Strategic Lawsuits Against Public
Participation) their employer's critics. If this be in a mailing list
to which you have responsibility, you might be the target of a SLAPP,
though the actual case would have no merit. The object is to quiet or
rid the critic by forcing them into costly legal defences. Most of us
could not afford a lawyer to fight a SLAPP suit and we would end up
acquiescing to their demands.
Alan
[EMAIL PROTECTED]
