TIP: Click on subject to list as thread! ANSI
echo: locsysop
to: Alexander Watson Law
from: Rod Speed
date: 1995-07-03 10:23:24
subject: locsysop

AWL> But if the list is a *membership* list,

RS> It aint enough as far as the legal liability incurred by being
RS> a member of an unincorporated association is concerned Alex.

AWL> Nodelisted Sysops are Memebers of FidoNet.

Fraid not Alex, their BBS appears in the nodelist. A different
matter entirely. No different to say a free fax directory, you
have to qualify by say having a fax on that number, if you do,
you get listed. That would NOT make you a member of an
unincorporated association with any legal liability for what
another person on that list might or might not do with HIS fax.

RS> I can be a MEMBER of a list of the white race whose surname
RS> is NURK and that implys nothing as far as legal liability
RS> for anything another NURK does Alex. Even if you have to
RS> apply to be on that list and meet some conditions like not
RS> having assumed the surname of NURK coz you felt like it etc.

AWL> I am not paid to read this drivel. You are a complete fool.

Seems Rache was spot on when she said that she was married to a teenager |-)

AWL> Hoaving said that...

AWL> If that list has a purpose

It could be something as trivial as a family tree of the NURKs.
Being a NURK on that list of NURKs does NOT expose you to any legal
liability for what another NURK on that list might or might not do.

AWL> (Promoting Good Fellowship Amongst Nurks)

Yes, that would be fine. It does not expose you to any legal
liability for what another NURK on that list might or might not
do. Its not an unincorporated association, its a list of NURKs.

AWL> and you can opt out or opt in,

Thats true of almost any list. Doesnt make it an unincorporated association,
or expose you to any liability for what another person on that list might
or might not do. Particularly obvious with that free fax directory.

AWL> and the members of the list act together,

Doesnt basically matter a stuff if they do or dont.

AWL> then the list could be taken as a membership list...

Nope, just poor old Alex has some utterly loopy ideas about what
constitutes an unincorporated association or exposes you to any legal
liability for what someone else also on the list might or might not do.

--- PQWK202
* Origin: afswlw rjfilepwq (3:711/934.2)
SEEN-BY: 711/934
@PATH: 711/934

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