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"Alperin, Glenn" <[log in to unmask]>
Fri, 19 Dec 1997 17:23:57 -0500
TEXT/PLAIN (40 lines)
>This person is known for sueing.  My question is this. Can a listowner be
>sued for restricting someone's access to a public list? In this case, the
>listowner lives in a different country than the person who is the
>aggravator.
>
>Have you all dealt with this before? If so, any suggestions, to the list and
>to me privately, would be of great help.  I feel threatened, and do not know
>what is best to do in this situation.  As of this date, both parties have
>told me that they are considering legal action, ....( one against the
>other for her public redressing, and the other towards me and my co owner for
>restricting her access to the list, should we decide to do that.)
>
>Many thanks. Kathleen Bruce
>[log in to unmask]

As far as I am concerned, this person has chosen to join your list, for
whatever reasons, and must therefore abide by the rules set for the list
by you (and your co-owner(s) if any) as list-owners.  If they choose not
to abide by your rules for the list,  they can go elsewhere and rant and
rave all they want, but they do not, I repeat, DO NOT have the right to
tell you how to run YOUR list.  Thtat decision is up to you.

As far as possible legal action to be taken against either you or your
fellow list-owners (if any), I think that should such action be taken, it
would be on very shaky grounds.  It is not any person's "right" to be a
part of a mailing list, and teh choice in such matters is the list-owners
if it is felt that removing a person from a list and/or filtering their
address is the best thing to do for the survival of your list.  One thing
is clear to me, and that is if you do nothing, your list membership will
rapidly deteriorate and there will be no list left to argue with.  Given
this point, perhaps if you e-mail a brief message to this person, they
will either go away, or quit the list, or shapoe up.  If they don't, by
all means, filter the person so they can't post to the list.  Also, it
could be benfeicial to contact the head person at their ISP or institution
and ask for their advice as well.

Just my thoughts on this.

Glenn

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