Tue, 16 May 1995 11:09:36 -0500
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Listowner Folks,
This is cross-posted, with the writer's permission, from the Ednet list.
Rory would appreciate receiving any comments you wish to post, please.
Pax, Dave Information wants
Dave Kinnaman <[log in to unmask]> 512/463-9321 to be Free!
---------- Forwarded message ----------
Date: Sun, 14 May 1995 17:39:49 -0300 (ADT)
From: Rory Mc Greal Com College <[log in to unmask]>
To: Local forum on educational possibilities of the Net
<[log in to unmask]>
Subject: BBS owners' liability
The Copyright Sub-Committee of the Canadian Information Highway Advisory
Council is recommending THAT owners of BBSs be held LIABLE for all
postings on their boards. I understand that the definition of BBS would
include listservs, computer conferences, MOOs etc.
They are further recommending that BBSs NOT be considered common carriers
(If the BBS was classified as a common carrier, this would exempt BBS
owners from liability when they let anyone on their system. cf. with a
telephone company -- it is not liable for what users do.)
In effect, this would make the Catholic Church liable for Martin Luther's
posting of his 95 theses on the church door. Another example: If you
run a listserv and professor X claims that Prof. Y posted a notice that
broke copyright, instead of chasing after Prof. Y, Prof. X would chase
after the owner of the Listserv. If the owner did not stop Prof X, then
the owner would be legally liable.
I believe that this LIABILITY provision is based on recommendations now
being made in the USA. I am on the Learning & Training working group for
the Canadian Information Highway Advisory Committee and I am opposed to
this provision. I feel that if I run a BBS or listserv or whatever else
that is open, then if you have a problem with what someone posts, you should
chase after them and not me. If I post it then get met, if Bill Doe
posts it get him. This recommendation could stop a lot of internet activity.
Perhaps that is the intention.
I welcome comments.
Rory
Rory McGreal, Executive Director/Directeur general
TeleEducation NB
Box 6000 470 York Street, Fredericton, New Brunswick E3B 5H1
CANADA Tel. (506) 444-4230 Fax: (506) 444-4232
Email: [log in to unmask] OR [log in to unmask]
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