Paul Fields (johnny_raiden@hotmail.com)
Mon, 5 Jun 2000 02:07:38 -0400


> -Z- wrote:
>
> > Due to their illicit nature and recent laws that make the ISP liable for
> > posted material, discussion of fansubs is strongly discouraged here.

Actually an ISP just got a case overturned in the Supreme Court that is
a precedent for "common carrier" status making them no more responsible
for what people do over their bandwidth that the phone companies are
for telemarketers... However if Bandai wanted to make the case that a
discussion group like ours were just a thinly veilled cover for a large mob
of fansubbers, and try to get the GML bumped off because of it, there
would be a legal hastle over it.

Anyone who reads 2600 magazine knows the story of the underground
sattellite newsletter who's editor got sued into oblivion by Hughes cause
he published descrambler info... Because of an old '34 communictions
act he wasn't even doing anything illegal, but couldn't fight the injunction
and now cannot publish anything related to sattelites even if he worked
for a sattelite company. Civil suits don't have to be about legality... they
still cost money to fight, little guy versus big company the big bankrolls
win.

If I were the webmaster of the GML, and I had to miss work and appear
in court over the issue I know exactly how many days of work I'd lose
over it... and I love this list... that number would be "0".

You have to realise that the webmaster makes no money off this ML so
if there were ever a question, of legality (like bootlegging anime) would
he bother at all?

I say we keep it clean, and not ever have to have him make the choice.

Paul

-
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