"... without the explicit consent of the  list  owner,  there  is  no
 gatewaying,  period."
 
There is no mechanism in place to compel this, thus, this 'policy' is
well-intentioned, but unenforceable, IMHO.
 
"... information  posted to  mailing lists  is certainly  not free ..."
 
Who pays whom for it ? Do the contributors get paid for contributing ?
 
"... unless the owner wants it to."
 
As I have stated in private mail with those concerned with this thread,
the word "owner" clearly has limits and can be stretched to the break-
-ing point in circumstances such as these, where they own neither the
data nor the mechanisms by which it is propogated ... they facilitate.
They possess nothing by which such a claim could be enforced, such as
a title or deed.
 
-- richard