Path: utzoo!attcan!uunet!mdcbbs!system
From: jmi@devsim.mdcbbs.com ((JM Ivler) MDC - Douglas Aircraft Co. Long Beach, CA.)
Newsgroups: news.admin
Subject: Re: Usenet and legal liability
Message-ID: <461.256d4f59@devsim.mdcbbs.com>
Date: 24 Nov 89 14:25:29 GMT
References: <25683CAB.25106@ateng.com> <10771@max.u.washington.edu> <1989Nov21.181205.3875@utzoo.uucp> <51365@looking.on.ca> <1207@electro.UUCP>
Organization: McDonnell Douglas M&E, Cypress CA
Lines: 38

One of the problems with the *law* is that it is not logical (this comes from 
the son of a lawyer, who wanted a father and son firm). The best example of 
this is the Federal Courts ruling that bringing up an action to them that they 
feel is not one for litigation could be cause for penalties (that law was 
designed to avoid nusance suits). This same law, if applied to cases that were 
brought up in the past, would have eliminated cases like Row .v. Wade and 
Miranda (making this not one of the most reasonable laws on the books, eh?). 

One question that has not been raised in the forum to date, is the form such 
litigation would have to take. Our court system is designed to handle civil 
cases at various levels. Since the USENET goes across the state boundries,
distribution could be considered interstate. Would this justify the prosecution 
to move this type of case to the federal level? If so, would any law firm be 
willing to expose itself to the "actions of the court" should the court find 
such legal action frivolus?

Like I said at the start of this, the *law* is not logical (there is also no 
justice, but that is a different story all together). This being the case, the 
question of USENETS liability is somewhat moot. Until someone sets a precidence 
on how interstate communications via computer conferencing is to be addressed 
via an act of litigation, I don't see any answers to the questions that have 
been posed to date with one exception. Any conference that is moderated is 
under the control of that individual. That individual is responsible for all 
postings made since they have approved all postings and chose to post such 
items (in the context of publication, this person has been the editor and 
publisher of the item since they have determined to post such an item).

One final note: I am not a lawyer (the note below is designed to cover my buns 
when expressing a legal opinion in writing)! The opinions expessed herein are 
those of the author and do not represent those of the employer. 

The above has been posted with the understanding that I not engaging in the 
rendering of legal, accounting or other professional service. If legal advice 
or other expert assistance is required, the services of a competent 
professional person should be sought. 
  _Decleration of Principles_ - American Bar Association

J.M. Ivler (for myself) JMI@DEVSIM.MDCBBS.COM