[odf-discuss] Proposal for moderation rules
marbux at gmail.com
Sat Sep 29 19:19:01 EDT 2007
On 9/29/07, Pamela Jones <pj at groklaw.net> wrote:
> I'd suggest separating ad hominem attacks, which requires a measure of
> subjective analysis,
Most ad hominems require no subjective analysis, only analysis of whether
the target was the person or the person's message. Yours was a good example.
No subjective opinion required; it was unmistakably an ad hominem.
and which you might want revocable, from a legal
> threat, which either happens or it doesn't, and therefore doesn't need
> to be revocable.
Ah yes, straight from the issue-no-warnings-just-go-ahead-and-sue-us class I
took in law school. Not. In the U.S., it's customary to try to work things
out before filing a lawsuit and judges tend to frown on lawyers who file
ambush lawsuits without even giving a prior notice. But Pam Jones has the
answer for those who wish to file ambush lawsuits; a Fellowship rule that
people can't give any warning at all of intent to litigate if issues are not
resolved to their satisfaction without litigation. "See judge, can you
believe that rule? They said that my client can't give any warning and try
to negotiate before filing this lawsuit. Of course we would have preferred
to try to negotiate our differences, but with that rule in place ..."
I'd recommend bouncing this one off the Fellowship lawyer if a lawyer is
going to be consulted as Pam recommends. Somehow, I suspect that the lawyer
would not endorse the rule Pam proposes. I know that if I was still
practicing law and gave such advice, I'd be laying myself wide open to a
malpractice damages case when the client got sued without warning.
Suggest you also ask your lawyer for rules about who gets to be on the
> list in the first place, whether it's a private list or one anyone from
> the public can join.
It's unquestionably public. Send an email to the list with "subscribe" in
the header and you're subscribed automagically. And the Fellowship's contact
> Everyone is welcome to join our mailing list.
> Click here to join our discussion list<http://lists.opendocumentfellowship.org/mailman/listinfo/odf-discuss>
> The link takes you to a web form where all you have to do is fill in your
email address and hit the "subscribe" button.
BTW, I'm still waiting for any evidence to support your ad hominem or that
whopper you told about me not resigning from your Brain Trust. Still
nothing but blanks in your pistol, eh?
BUCK "MARBUX" MARTIN
Director of Legal Affairs
-- Universal Interop Now!
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