TIP: Click on subject to list as thread! ANSI
echo: locsysop
to: Rod Speed
from: Alexander Watson Law
date: 1995-06-16 14:36:00
subject: locsysop

[Membership in FidoNet]
AWL> You have however applied for and accepted Nodelisting.

 RS> I've also applied for a phone line,
Customer of Telstra... 

 RS> a dog license, 
Subject to Local Government by-laws, State Acts and some Commonwealth provisions...

 RS> various credit cards, 
Customer of credit provider...

 RS> for various catalogs, etc etc etc, 
Customer of organisation providing catalogue

 RS> has done sweet fuck all to my liability to be sued as a 
 RS> 'member' of any of those Alex.
You haven't become a 'member' of any of these organisations Rod, but you
have entered into a contract of some kind with them... (Except maybe the
mailing list stuff)

AWL> In the abscence of any other Register of Members
AWL> that could be held to be proof of your Membership...

 RS> Nope, thats complete and utter crap Alex.
What else determines membership of FidoNet? Being nodelisted allows you to
recieve privileges of membership (such as access to Sysop echos)...

AWL> As P4 includes provisions for applying itself to anyone in 
AWL> the Nodelist, having "read and understood" could be 
AWL> considered consent...

 RS> It does indeed, says sweet fuck all about any risk of being 
 RS> sued tho Alex. The most that does is spell out whats 
 RS> required to stay nodelisted etc.

If an unincorporated association is sued, the members are jointly liable.
If an unincorporated association is taken to the HREOC (for example) then
the members are jointly liable - I think the QLD Anti-Discrimination Act
puts the President/Chairperson (want to wager that the N640C would be good
enough?) in the hotseat, to simplify matters...
...Alex.
(Pagan & Proud)

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