Gentoo Archives: gentoo-project

From: desultory <desultory@g.o>
To: gentoo-project@l.g.o, Aaron Bauman <bman@g.o>
Subject: Re: Shutting down the Off the Wall (was: Re: [gentoo-project] Call for agenda items ...)
Date: Sun, 13 Dec 2020 07:30:10
Message-Id: 193f0d63-bb3f-e50b-6d41-cfb5bfac041d@gentoo.org
In Reply to: Re: Shutting down the Off the Wall (was: Re: [gentoo-project] Call for agenda items ...) by Aaron Bauman
1 On 12/12/20 09:47, Aaron Bauman wrote:
2 >
3 >
4 > On December 12, 2020 8:24:44 AM EST, Roy Bamford <neddyseagoon@g.o> wrote:
5 >> On 2020.12.12 12:07, Andreas K. Hüttel wrote:
6 >>>> I have a major concern with the concept of the council
7 >>>> deciding to close any part of the forum. Its like this ...
8 >>>> At present, Gentoo is a common carrier, like the mail.
9 >>>> The content of letters and parcels is of little concern to the
10 >>>> carrier.
11 >>>>
12 >>>> Gentoos status could be changed by a council decision to
13 >>>> close any part of the forum from common carrier to publisher,
14 >>>> were the council seen to be exercising editorial control.
15 >>>> Being a publisher makes Gentoo liable for the published
16 >>>> content. Gentoo could not run the forums at all under those
17 >>>> conditions.
18 >>>
19 >>> This is misinformation at best, and deliberate confusion sowing at
20 >>> worst.
21 >>>
22 >>> I assume that you're talking about the US legal situation. [#]
23 >>>
24 >>
25 >> <snip totally irrelevant material>
26 >>
27 >>> [...]
28 >>> ====================
29 >>> https://www.law.cornell.edu/uscode/text/47/230
30 >>>
31 >>> Cheers.
32 >>>
33 >>>
34 >>>
35 >>
36 >> <snip references>
37 >>
38 >>>
39 >>>
40 >>> --
41 >>> Andreas K. Hüttel
42 >>> dilfridge@g.o
43 >>> Gentoo Linux developer
44 >>> (council, qa, toolchain, base-system, perl, libreoffice)
45 >>
46 >>
47 >> Rule 1 is never assume.
48 >> That makes the rest of your post irrelevant.
49 >>
50 >> In the UK, which selfishly, is all that matters to me, if I compile
51 >> and edit a community newsletter, I'm the publisher, with all the
52 >> liabilities
53 >> of a publisher. Like, say, the News of the World. I have editorial
54 >> control and am liable for the content.
55 >>
56 >> When someone distributes that same newsletter by putting it
57 >> through the village letterboxes, they have no liability for the
58 >> content.
59 >>
60 >> In the same vein, is the council accidentality, through ignorance or
61 >> otherwise, in danger of making Gentoo a publisher, with all the
62 >> attached liability for content?
63 >>
64 >> I don't know the answer either.
65 >>
66 >> Oh, the News of the World folded after a lawsuit related to an
67 >> article it published.
68 >
69 > This doesn't correlate. The problem is and has been, the content is not aligned with our community values and standards.
70 >
71 > Simple enough. No need for legal shenanigans, liability, etc.
72 >
73 Somehow, I doubt that "But, your honor, I was willfully ignoring that
74 the law even existed, I can't be held liable." is considered a valid
75 defense in any jurisdiction. Though you are welcome to try it and report
76 back.