On Sat, Jul 7, 2012 at 11:31 AM, drew <d...@baseanswers.com> wrote:
> On Thu, 2012-07-05 at 14:01 -0400, Rob Weir wrote:
>> On Thu, Jul 5, 2012 at 1:25 PM, Dennis E. Hamilton

<snip>

>> > <orcmid>
>> >   This might need to be separated for what the agreement is when people
>> >   register/subscribe and provide information solicited to accomplish
>> >   that.
>> >     This seems like too broad an umbrella for what happens when folks
>> >   register versus what happens when accessing sites versus what happens
>> >   when sending an e-mail somewhere.
>> > </orcmid>
>> >
>>
>> It would be good to link to the ToU from any registration.  But note
>> that we don't always have that access where it is a shared Apache
>> service, for example CWiki.
>>
>> Nothing in the ToU speaks about emails, so that is red herring.
>
> A red herring? I don't think so - why should it only be valid if already
> there. The site references our mailing lists and certainly did, likely
> still does, IMO a comment on the public nature of mailing lists is
> really appropriate here.
>

The point is this:  a user can contribute to the mailing list without
ever having visited the website.  So posting ToU for the mailing list
on a website is not going to really have any legal or even advisory
effect.    One thing that we could do is put ToU in the confirmation
note we send to new list subscribers.   Or even a link to a
consolidated ToU on the website if that is how we do it.

In any case, most of the ToU is in the nature of a notice:  we are
telling the user what will are doing, what we can do, and what we will
do under certainly conditions.  The main exception, where we are
demanding something of the user, is if where we require a licence on
their contributions.  So that is the one thing where we cannot be
casual.  If we want to have an incoming licence on contributions that
really needs to be baked into registration systems, list
acknowledgement emails, etc.

-Rob

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