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Path: utzoo!mnetor!uunet!seismo!kitty!larry
From: larry@kitty.UUCP (Larry Lippman)
Newsgroups: news.sysadmin,misc.legal
Subject: Re: Larry Lippman vs. Mark Ethan Smith
Message-ID: <2089@kitty.UUCP>
Date: Thu, 8-Oct-87 17:21:29 EDT
Article-I.D.: kitty.2089
Posted: Thu Oct  8 17:21:29 1987
Date-Received: Sun, 11-Oct-87 10:16:18 EDT
References: <1939@midas.TEK.COM> <1514@dasys1.UUCP> <7070@eddie.MIT.EDU> <3995@ecsvax.UUCP>
Organization: Recognition Research Corp., Clarence, NY
Lines: 38
Summary: Is this responsible administration?
Xref: mnetor news.sysadmin:395 misc.legal:3045

In article <3995@ecsvax.UUCP>, bch@ecsvax.UUCP (Byron C. Howes) writes:
> If anyone called me and tried to get me to yank one of my users ids on the
> basis of the remarks similar to those attributed to Mark Ethan Smith I would
> (1) laugh because I'd think it was someone putting me on and (2) hang up
> once I discovered it was serious.

	First of all, the specific issue being addressed involves users
who post articles containing serious defamatory statements which have a
resonable expectation of causing damage to the business or professional
standing of third parties.  The issue being addressed does NOT pertain to
alleged "free speech" or the proper expression of ideas, however
controversial they may be.

	Your attitude in (2) above that you would "hang up" demonstrates
a crass indifference to the responsibilities of an administrator in behalf
of his organization, and is precisely the type of attitude that WILL result
in someone's determination to "test the legal issues".
	If a person actually takes the time and spends the money to call you,
then it must be a serious matter to SOMEONE.  The least that a responsible
administrator should do is: (1) ascertain the nature of the caller's problem;
(2) find out what action the caller wants you to take; (3) investigate the
matter firsthand; and (4) get back to the caller.  If you can agree on a
course of action fine; if not, you have at least tried to resolve the matter.

	"Mr. Administrator, when the Plaintiff telephoned you to express
his concern about the article in question, did you have any discussion with
the Plaintiff about the possibility of posting an apology or retraction,
which could have prevented or lessened his damages?"

	"No. I told him to fuck off, and then I hung up on him."

	You get my point, Mr. Howes?  The above response, by the way, actually
happened.  Not a good move.

<>  Larry Lippman @ Recognition Research Corp., Clarence, New York
<>  UUCP:  {allegra|ames|boulder|decvax|rutgers|watmath}!sunybcs!kitty!larry
<>  VOICE: 716/688-1231       {hplabs|ihnp4|mtune|seismo|utzoo}!/
<>  FAX:   716/741-9635 {G1,G2,G3 modes}   "Have you hugged your cat today?"