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Re: Nature of this list
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From:
Ted Mittelstaedt
Date:
April 27, 2011 02:40
Subject:
Re: Nature of this list
Message ID:
4DB7E4A3.5000409@mittelstaedt.us
On 4/24/2011 12:38 PM, David Christensen wrote:
>
>> The way I see it, "Cyberbulling" is much more persistent than just
>> making one
>> comment on a post to a public mailing list.
>
> Perhaps. Note that people on this list have already stated that certain
> people have a history of questionable conduct on this list. Yet, those
> same certain people are still here. I know of a workplace harassment
> civil case with parallels. Counsel for the plaintiff argued that the
> employer knew that a certain supervisor had a history harassing
> employees, did nothing about it, and therefore shared the blame. The
> strategy is to put stink on everybody until the defendant with the deep
> pockets pays to settle without trial (e.g. the employer). Failing that,
> counsel for the plaintiff will ask the jury for exemplary punitive
> damages. That's why I said that the Perl Foundation has a stake in this.
>
Maybe maybe not. What you are saying is very common among people with
a US-centric view of the world. You believe that your legal system
applies globally when it does not (thankfully)
For law enforcement to get involved in "cyberbullying" on the Perl
mailing list would mean that both the perp and victim would need to
reside in a jurisdiction that the law enforcement agency had any
authority over.
That is why most of these attempts to use legal strategy on a public
mailing list are pretty pointless.
>
> Your intentions are well and good, but what matters in court is the law
> and case precedence.
>
And what matters is if that court has jurisdiction over me. The Sharia
Court of Iran can pronounce me a heretic all it wants but I live in
the US and my jurisdiction will not honor an extradition request from
them.
>
> As aside, people reading this may think twice before hitting the "Send"
> button.
>
As long as they aren't slandering, Reno vs ACLU pretty much gives
people in the US the protection to say anything they want. And it is
legally impossible in the US to slander an idea.
Ted
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