At the end of the day it is going to have to be the responsibility of the
subscriber to avoid these topics. There are simply too many potentially
"problematic" topics to manage proactively in a practical or foolproof way.
Especially in this environment.

This patent  discussion is a perfect example. The fact that it was an issue
for some members of the community wasn't even understood until it was
probably too late. And as we've seen above accidents also happen. What
process would have prevented that? If having an email in your inbox is
problematic then it would seem that the best way to avoid exposure is to
never receive it. And how do you do that on an open list? Does tagging a
problematic email with a "problematic topic" tag in the header make it any
better? How many tags will we need? Where does it end? And finally, would
you bet your legal health on my listserv tagging diligence?

If you think liability or exposure is limited to IP or patents, think again.
In my personal experience things as innocuous as unsolicited resumes, job
postings and even current events have been legally problematic topics for
me. In some cases I could reasonably control my exposure in others I had to
make difficult choices, such as unsubscribing from this list for a period of
time. Frankly, it never occurred to me to ask the community to act on my
behalf.

However, if someone asked me to avoid discussing a topic in an open forum
because it might cause them harm, I probably would as a matter of common
courtesy. On the other hand I would also accept, albeit grumbling under my
breath, someone else's decision not to.

Mark.


On Tue, Jun 10, 2008 at 6:50 AM, Todd Zaki Warfel <[EMAIL PROTECTED]>
wrote:

>
> This way IxDA doesn't have to get involved and those who want to avoid it
> can avoid it and we all display some professional coutesy.
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