On May 5, 2004 at 23:38 clewis(_at_)nortelnetworks(_dot_)com (Chris Lewis)
wrote:
> libel defamation etc. etc. etc.
Yet... yet... the news media and the police do it all the time.
Obviously there's a way do to this.
Well, for the news media it involves having a 1st amendment to the
United States Constitution which mentions your profession by name.
And a judiciary which has generally agreed that the need of the people
to get their news in a timely manner, even with some errors, overrides
damage done by honest or even mildly careless errors.
Of course news orgs have been sued anyhow and have sometimes even lost
because the item wasn't considered newsworthy or of a timely urgency
(e.g., gossip columns), or maliciousness or gross negligence of some
sort was claimed.
The police also have some amount of legal protection from reasonable
errors, but they (or their employers) get sued all the time and
sometimes even lose.
Nothing can bullet proof anybody, particularly in the US legal climate.
But being transparent and honest about listing criteria can do a lot to
shift most of the onus on the list _user_ who has made a conscious
choice to use it and accept responsibility for it.
I think that's a convenient fantasy.
At any rate, I'd certainly consult an atty before putting my own
assets at risk in such a venture. Giving others advice isn't always
defensible by "well they were dumb enough to listen to me!"
But, of course, if one is jugement-proof then it may not make much
difference.
--
-Barry Shein
Software Tool & Die | bzs(_at_)TheWorld(_dot_)com |
http://www.TheWorld.com
Purveyors to the Trade | Voice: 617-739-0202 | Login: 617-739-WRLD
The World | Public Access Internet | Since 1989 *oo*
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