Re: Viruses posted to the list...

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From: Editor - P.O.V. Image Service (editor@p-o-v-image.com)
Date: 05/04/00-11:45:27 AM Z


"Jeffrey D. Mathias" wrote:

> "Editor - P.O.V. Image Service" wrote:
> > ...
> > If the list owner refuses to implement such an option I would argue that future
> > viruses using the list as a distribution mode is FORESEEABLE...
> >
> > Given that, the list owner would also be financially liable under US and
> > Canadian Law for any resulting damage...
>
> I could not disagree more.

Doesn't matter whether you disagree or not...

The reality is the liability exists as long as attachments are allowed..

> When one joins this list they do so at their
> own risk. If one does not wish such risk or does not wish to follow the
> rules, then they may leave the list. The list owner (Gordon) dedicates
> a lot of his time and effort to provide and manage this list for the
> rest of us. Thank you Gordon.
>

Ok, let me give you a relevant legal example ... Quite parallel in fact..

I leave my car in your driveway while I go on a trip..

Now, you have voluntarily agreed to loan me the space...

Even so, if you are wholly negligent or reckless and my car is damaged as a result,
you remain liable...

Did I voluntarily leave my car there?

Yes...

Did I save money by not paying someone?

Yes...

But are you still liable...?

YES..

>
> Also keep in mind that if we insist that the list owner somehow be
> financially responsible,

No-one has to insist that Gordon is liable, if he allows attachments, he simply is..

> And Kieth, in your own words:

>
> "Editor - P.O.V. Image Service" wrote:
> > ...
> > If you don't like that, too bad!
>

The ball is in your court Descartes... ;-)

God, I love squishing logical bugs as much as you like watching McAfee squish 'em...

Keith

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