AWL> You have however applied for and accepted Nodelisting.

RS> I've also applied for a phone line,

AWL> Customer of Telstra...

Doesnt change a damned thing as far as the question of me being
automatically part of an unincorporated association is concerned.

RS> a dog license,

AWL> Subject to Local Government by-laws, State
AWL> Acts and some Commonwealth provisions...

So fucking what ?  Fidomail is ALSO subject to a variety of laws too.

RS> various credit cards,

AWL> Customer of credit provider...

Completely irrelevant.

RS> for various catalogs, etc etc etc,

AWL> Customer of organisation providing catalogue

Nope, fraid not. Particularly when you have never bought anything
from them. Doesnt make you a member of an unincorporated association
just because you ask to be included on the mailing list Alex.

RS> has done sweet fuck all to my liability to
RS> be sued as a 'member' of any of those Alex.

AWL> You haven't become a 'member' of any of these organisations Rod,

Dead right and you havent just be being the nodelist either Alex.

AWL> but you have entered into a contract of some kind with them...

Fraid not Alex, you cant just fake away like mad by purporting
a contract when none exists. Utterly bogus Alex. If for example
I just ask to be included in someones mailing list, no contract
exists. And even when a contract does exist, that doesnt mean
that you are a member of an unincorporated association either.

AWL>(Except maybe the mailing list stuff)

Its just one example, there are raft of others. None of which
involve any contract, or make you a member of an unincorporated
association, or expose you to any liability for what others on
that list might or might not do. Utterly bogus Alex.

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.

AWL> What else determines membership of FidoNet?

You are thoroughly mangling two quite separate issues here.
Yes, there are a variety of lists. That does not make those
people on that list a member of an unincorporated association
just because they are on that list. And even when there is a
formal list, it doesnt automatically expose you to liability
due to the actions of what another person on that list does.

AWL> Being nodelisted allows you to recieve privileges
AWL> of membership (such as access to Sysop echos)...

Being on a list entitles you to the privileges of receiving
their catalog too. That does not automatically make you a member
of an unincorporated association or expose you to any liability
for what another person on that list might or might not do.

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

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

AWL> If an unincorporated association is sued,

You havent actually established that Fido *IS* an unincorporated
association Alex, and in fact it aint. Neither is a mailing list
of a mail order company or any other mailing list for that matter.

AWL> the members are jointly liable.

Even thats far from clear. If for example Fido really was an
unincorporated association, and its not, you arent automatically
liable for whatever any member does. Its bullshit Alex.

AWL> If an unincorporated association is taken to the HREOC (for example)

Fido aint an unincorporated association, so that doesnt arise.

AWL> then the members are jointly liable -

Nope, thats complete and utter crap too. And Fido aint one anyway.

AWL> I think the QLD Anti-Discrimination Act puts the
AWL> President/ Chairperson (want to wager that the N640C would
AWL> be good enough?) in the hotseat, to simplify matters...

It may well do the detail of the representation of a real unincorporated
association with one of those. Pity that says sweet fuck all about liability
of the members individually tho. And Fido aint an unincorporated association
anyway, and doesnt even have a President/Chairperson either.

--- PQWK202