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]