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"Juan J. Noyles" <[log in to unmask]>
Thu, 3 Apr 1997 01:46:38 -0500
TEXT/PLAIN (47 lines)
Hi folks,

I have a problem that's unique in my experience.  A couple of years ago I
asked a friend to let me run a mailing list for an organization I was in.
When I left the group, I continued to run the list as an act of charity.
Recently, my "friend", on the strength of a phone call from someone he
trusts, gave control of my list, which I built up to over 200 subscribers
with very little advertising, to representatives of a chapter of this
organization without so much as a word to me.

When I protested and demanded that he terminate the list, he shut it down
temporarily, but it's back in service now.

I am loathe to involve attorneys in this, but I have spoken briefly to an
intellectual properties specialist, who characterized the situation
basically as theft of services.  I'm expecting a second opinion by the end
of the week, but I'd like to hear what you folks think.

Background info: the organization is national, with chapters in most major
cities.  The people who have usurped the list represent the chapter I was
in, but at no time was the list restricted to members of this chapter.
Indeed, some of my subscribers are from other countries!

I have had conflicts with the people involved in the past, except for the
list administrator, so it's not like I pissed him off or anything.  One of
them claimed that the list was being taken over because I published a
series of private messages he sent to me.

When I called to discuss this the first time, my "friend" justified his
behaviour by telling me that it wasn't my personal list; he had given the
list to the group.  This was never my understanding, however; if I wanted
to change the name and/or focus of the group, I understood that I was free
to do so.  I never signed any contracts for the list, but the lawyer I
talked to assured me that the verbal contract and copies of the material
published on the list would be credible evidence should a trial be
necessary...

My position is simple.  Even though the chapter of this organization is
not entitled to challenge the name of the list, I would change the name if
that would end the controversy.  However, I built the mailing list, and I
think I have the usual property rights as the original owner.  I would
settle for having the list shut down and enjoining the perpetrators from
using my subscriber list.  They are free to build their own list, but they
have no rights regarding my subscriber base.

Am I in left field here, or home base?

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