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Subject:
Re: Legal Questions
From:
"Stephens, Larry V" <[log in to unmask]>
Reply To:
LISTSERV list owners' forum <[log in to unmask]>
Date:
Tue, 29 Jun 1999 09:37:00 -0500
Content-Type:
text/plain
Parts/Attachments:
text/plain (32 lines)
> 1. Do we have the "right" to ban individuals, even if they are
> students and/or members of the professional organization mentioned above?
>
> 2.  As the list owner, am I somehow liable/responsible for lawsuits?
>
> 3.  How have others handled this situation?
>
>
>
        I went through the same thing. The university's counsel wrote the
guy a letter that said the university provided employees the capability to
host lists, but we did it on our own. (I.e., if a suit was filed I was on my
own.) He also said I had the right to ban someone who didn't play by the
rules.

        I *believe* you have the right to bar someone who doesn't follow
your rules. I don't know that your rules have to be kind and just - after
all, no one is forced to join or stay. Just having the list there is not a
guarantee of right to join it (e.g., you may have a closed list on the same
server that's limited to chemical engineering students).

        The problem is having a lucid set of rules. It's one thing to say
"no foul language" but exactly what is "foul"? Is your foul my foul? I have
some people writing me telling me how mean I am. Why? They get the automated
listserv message that tells them "unscibe" isn't a valid command. They just
happen to be very tender (or very defensive). My problem was the list
members wanted a "kind" list and the guy in question wasn't. We were girding
our loins for a fight (and girding is really painful) and then he decided to
call it a day.

        But, if he had sued me, it would have been on my nickel.

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