From: Mitch Valburg (mvalburg@yahoo.com)
Date: 05/05/00-07:37:18 PM Z
At 01:45 PM 5/4/00 -0400, Keith wrote:
>Ok, let me give you a relevant legal example ... Quite parallel in fact..
Actually, it's a rather poor analogy. See below.
>I leave my car in your driveway while I go on a trip..
>
>Now, you have voluntarily agreed to loan me the space...
This is where your analogy breaks down. Gordon has not "voluntarily agreed to loan me the space," he has, in fact, told us we may walk on his driveway as long as we DON'T park our car there. That is, he has told us we may use the list, but only as long as we DON'T send attachments. That is explicitly stated in the information provided when subscribing, and is posted periodically to the list itself.
>No-one has to insist that Gordon is liable, if he allows attachments, he simply is..
That's the point. He hasn't allowed attachments; he has expressly forbidden them. You don't have to make it physically impossible for someone to park in your driveway to ease your liability, you can do so by posting a sign forbidding it (I imagine in most places, it's illegal even without posting). AFAIK, the only situation that runs counter to this is if your "driveway" (the list) constitutes an attractive nuisance, and I believe you'd have a hard time making that case. BTW, I am not a lawyer, so the above are not legal advice, simply opinions.
>God, I love squishing logical bugs as much as you like watching McAfee squish 'em...
Ahh, hubris. My favorite vice...
Mitch V.
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