[Commons-Law] mail legalese - Sarai's options ?

[Shamnad Basheer]

"List administrators are invited to email us requests to cease archiving their list and/or making the archive publically accessable if they wish for any reason"
 
perhaps this gives a cause for concern-usually in the context of defamation, it is the "publicly accessible" nature of the comment that pinches the most. so maybe this is good enough for a court to order sarai to in turn request marc to cease making this publicly accessible.
 
shamnad 

Badri Natarajan <badri at eff.org> wrote:

Friday, June 27, 2003, 8:07:01 AM, you wrote:

SB> didnt the earlier posting on marc's policy stipulate something about it removing stuff upon the instructions of the list admin-it is this possibility that would cause a court to order sarai which
SB> in turn could ask marc to take it off-the crux is that so long as it within your power (whether directly or indirectly), there remains the possibility of liability. i think we really have to come
SB> out with something innovative here-if not, the only way out (and a very bad one) is to take down upon notice-subject of course, to it being a credible take down notice-which ascertainment again
SB> would be quite a hassle for sarai.

I think it said something like MARC will remove stuff upon the
list-admin's request, if a PRIVATE list has mistakenly been made
PUBLIC on MARC's servers..or something to that effect. I don't
think a list-admin can just request a take down - that will make
it the same as the list-admin's own webhost. And MARC seems to
have been created with the express purpose of preserving people's
words on mailing lists - "Once said, you canot retract it",etc.

-- 

Badri Natarajan
Legal Intern
Electronic Frontier Foundation

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