Dan - I'm not certain of the intent of this message.  Are the subscribed
members supposed to re-subscribe and agree to the new rules and
acknowledgement?  I don't understand how one could successfully litigate
against you or any members of this list.  The key here is successfully.
Anyone can sue a person for anything.  If the suit meets the legal standards
for the state in which it was filed, (BTW there is very little precedent
regarding a suit of this nature), it more than likely would be dismissed due
to any number of legal wranglings that a good defense lawyer could raise.
It's a shame that our society has become so litigious as to bring an action
against the people or proprietors of this site who try so hard to help and
offer their years of experience and working knowledge to those who are just
learning the nuances of the Macintosh line of products.  I, for one, have
been helped immensely by many of the contributors' opinions and experience.
It is obvious that the "g-list" does not endorse or warranty, in any way,
the opinions or responses to the questions posted. Since the "list mom" or
any of the "list managers" make no implied warranty of information, warranty
of fitness, or implied warranty or guarantee of the information or
suggestions provided by subscribers or contributors to this list, there can
be no breach of the warranty or guarantee.  All subscribers to this list, I
am certain, know that the information gleaned from the contributors are the
sole opinion of the contributors and not of the List mom or the List staff
and any "fixes" or information should be used solely at their own risk.  You
assume no responsibility for the accuracy of the content, nor do you in any
way warranty it's fitness or reliability.  Perhaps you might want to
incorporate a small legal statement in your signup page wherein subscribers
agree to assume all risk for using any information provided to them and any
damage it may cause through the use of any links or opinions about repairs
offered by other subscribers.

I'm sorry for the lengthy post, but this type of behavior (threatening
litigation) is simply irresponsible and not justified.  The members of this
list have been wonderful in helping me and many others as evidenced by the
many posts thanking them and confirming their opinion worked.  To restrict
people from continuing to offer their opinions, which is what this will
eventually lead to out of fear that those who do may be sued personally for
rendering opinions to someone who is not qualified to work on a toaster, let
alone a computer, misunderstands the opinion or doesn't bother to check it
out & taking the time to go to a certified Apple or Mac support site and
learn for themselves. Through their own inaptitude, cause damage to their
machine or software,  and results in an expectation of legal restitution for
damages and possible "down time and/or loss of use" which can get extremely
expensive.  This can be stopped before it ever starts to snowball by
insuring that a simple "legal ease" statement is posted to any opinion given
and to the sign-up application. It is a process that the "list mom" and
managers of this list and all contributors may want to consider
incorporating into their posts/responses.  It's just a shame the state of
our society has come to this, but CYA is always the best policy.  I wouldn't
want to see anyone be successful in such an action and feel that everyone on
this list should be aware that such actions are being contemplated by a few
slimy people out there.  I honestly feel that any such action would be
granted a summary judgement of dismissal with prejudice for lack of legal
jurisdiction or precedent.  However, you never know what a jury may decide.
So, just CYA and make up a simple addendum containing a few sentences of
legal language, drafted by your counsel, and send it out to every member on
the list with an "agree" or "disagree" button.  If someone disagrees or
refuses to make an assumption of risk agreement and provide the "g-list" and
it's members and/or contributors with a "hold-harmless" agreement from any
liability for any damage or loss of use due to using or implementing
opinions of the contributors, then they are immediately banned from
subscribing. 

Again, I'm sorry for the lengthy post.  I'm not an attorney, but I've
handled litigation claims for over 22 years as a senior litigation
specialist and claims manager for many insurance companies through my own
business, which I have owned and operated for almost 18 years. I've seen an
explosion of litigation from some of the "get rich quick" law firms that are
trying to wade into uncharted waters by instituting outrageous litigation
that may not be successful but costs $$$$$ just to defend and hence
insurance carriers will settle to avoid the litigation costs and to avoid
the possibility of setting legal precedent by getting hit with a jury
verdict. A verdict or decision of that type could effectively shut down
almost every "help" list on the internet today.

Thanks again for running a professional, well managed site.  I am new to
this site and have felt almost like a member of an online "family" of
helpful Mac owners.  It's certainly made my experience with a Mac very
rewarding and the help and opinions I've received have always been taken as
strictly an opinion and nothing more. My experiences have been rewarding,
and the recommendations rendered have all been right on target and fixed
every problem I've encountered.  I hope this will set some wheels of thought
in motion and you will give my recommendations proper consideration.  Thanks
again for allowing me the freedom to post this and make my feelings known.

Sincerely,
Ron Ward  Austin, TX   


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