On Dec 2, 2011, at 9:12 AM, Marshall Eubanks wrote:
On Thu, Dec 1, 2011 at 10:24 PM, John Levine <johnl(_at_)iecc(_dot_)com>
wrote:
Rather than trying to set up rules that cover all hypothetical
developments, I would suggest
a practical approach. In our process, disputes are materialized by an
appeal. Specific legal
advice on the handling of a specific appeal is much more practical than
abstract rulemaking.
+1
This has the admirable advantage of waiting until there is an actual
problem to address, rather than trying to guess what has not happened
in the past 30 years but might happen in the future.
R's,
John
I must admit that I don't understand that reasoning at all, assuming
that this discussion is still about anti-Trust policy. Once there is
an actual problem to address, it will be because we are enmeshed in a
lawsuit, and it will be much too late to change our policies.
Just because we are enmeshed in a lawsuit doesn't mean that we need to change
or create a policy. The lawsuit will be based on whatever they can hook us on,
whether it is "they have no policy and they should have", "they had a policy
but it was the wrong one", or "they had a reasonable policy but were not
enforcing it so we were harmed" (the latter being the tone of the suit
discussed earlier in this thread).
Having a policy, even one that is enforced, does not necessarily prevent the
damage of a lawsuit. In fact, it could make things worse. We just don't know.
Now, I
realize that that does not prove that we have to change our policies
(I regard that as the output of this exercise), but saying you want to
wait until there is a problem to consider changes is IMO akin to
saying you don't want to consider putting in fire extinguishers until
there is a fire.
The message quoted above says nothing about "wait until there is a problem to
consider changes". It says that we don't know how to reduce our risks so we
shouldn't flail around guessing. I would add "because some of our guesses can
make things worse than our current state".
--Paul Hoffman
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