Originally Posted by
Donnie Raines
Again...I beleive there needs to be malice present for such a cause to be justified.
Since malice is unproveable in most respects, it's not necessarily a factor for civil proceedings. Remember, civil lawsuits aren't about 'guilty' or 'innocent' but about who the jury likes the most.
Besides, even the threat of a lawsuit can end up causing a forum to go under. A small, non-profit discussion board doesn't have the resources to go up against big money, regardless of source. Under threat of lawsuit, closing down may be the only option.
RE: the Avweb lawsuit. Some of what you're reading is editorial. Avweb paid a settlement (to a charity) for this one, primarily for their inattention to not only the initial problem but the subsequent refusal to do anything about it when brought to their attention by the plaintiff.
Brian Austin
Phoenix, AZ
"Rule One: Well, I won't get it done sittin' here drinking coffee.
Rule Two: The best you can do is the best you can do, so don't panic."
-- John Gierach