RE: Oracle-L going unmoderated (continuing unmoderated, never has been moderated in a legal sense)

  • From: "Mark W. Farnham" <mwf@xxxxxxxx>
  • To: <oracle-l@xxxxxxxxxxxxx>
  • Date: Mon, 30 Aug 2004 11:21:46 -0400

Hmm. Liability.

What if there appeared an anonymous, routed-through no backsearch protected
user named something like

A10green.kinetic@xxxxxx

?
Could such a non-personage rein in out of control threads, suggest levels of
propriety, and be the agreed
gatekeeper on quantity of ads without being construed a "moderator?"

Oh, and you can buy me a potable if you enjoyed decoding the name algorithm.
If it annoyed you, I suggest you buy yourself a potable.

The alternative would be a corporation with a liability policy or no assets
(no assets is cheaper) acting as the employer of the moderator. A US
non-publicly traded C-corporation should effectively shield any directors at
minimum cost. Roughly $100 USD per year in filing costs, and notably no
SarBox if you're not publicly traded. If anyone decides to do this, I'll
chip in. Avoid any attempts at being a non-profit, since that is extra
paperwork and scrutiny and you're not ever going to retain income to shelter
from taxes, anyway. This suggestion is "lay" and no implication of being a
legal opinion should be attached. Any excess contributions should be
consumed at list subscriber gatherings, preferably in quantities of ethanol
sufficient to be effective bacteriacides.

If know one wants to do that, and *if* there is list consensus that the list
needs actual moderation, I could try to determine whether some neutral body
with existing liability insurance covering list moderation would be willing
to moderate pro bono. In any case, I doubt the level of effort and scrutiny
to have real time review prior to posting could ever be achieved usefully
for a list like this. We're unfortunately way behind the curve on the notion
that after the fact "moderation" constitutes implied endorsement of anything
that is not explicitly repudiated. Until we have world peace and the
elimination of poverty (meaning probably never) it seems unlikely that
international law will provide an on-target complete shield for "moderators"
of list like this one.

Sigh. In the intervening 42, I suggest we try just thinking "What would
Jared think of this posting?" before hitting the send key. I haven't
returned to activity on this list for very long, but it clearly has a very
high content to noise ratio and a high rate of objective, invective free
error correction. I hope that remains true as we continue, as always,
unmoderated.

mwf

-----Original Message-----
From: oracle-l-bounce@xxxxxxxxxxxxx
[mailto:oracle-l-bounce@xxxxxxxxxxxxx]On Behalf Of Gogala, Mladen
Sent: Monday, August 30, 2004 9:58 AM
To: 'oracle-l@xxxxxxxxxxxxx'
Subject: RE: Oracle-L going unmoderated


You and me moderating this list? Master, I have a cunning plan.
(I hope that you saw Blackadder).

--
Mladen Gogala
A & E TV Network
Ext. 1216


> -----Original Message-----
> From: Mogens N=F8rgaard [mailto:mln@xxxxxxxxxxxx]=20
> Sent: Monday, August 30, 2004 3:33 AM
> To: oracle-l@xxxxxxxxxxxxx
> Subject: Re: Oracle-L going unmoderated
>=20
> ... Or else, Mladen and I will moderate the list together!=20
> Think about=20
> that...

Don't panic! Always have a towel at hand.
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