[PD] [ot] sueing the mailing list...

Andre "Osku" Schmidt andre.osku.schmidt at osku.de
Mon Aug 23 14:01:04 CEST 2010

On Mon, 2010-08-23 at 12:49 +0200, IEM - network operating center
(IOhannes m zmoelnig) wrote:
> hi all,
> sorry for posting an OT mail to the mainlist, but i really want to have
> as many opinions as posible on this.
> i (as list admin) have just received an email by somebody who wants
> their mail to be removed from the archive:
> <snip>
> August, 22 2010
> I posted a message on the pd-announce list, being not aware that it was
> a public list: http://lists.puredata.info/pipermail/pd-announce/XXXX
> Someone replied to my message, also publicly, on the pd-list list:
> http://lists.puredata.info/pipermail/pd-list/XXXXX
> Today, I ask you to remove these two messages from your website,
> because I don't want my name to appear publicly on the web.
> If they are not removed within 15 days, I will do the necessary to sue you.
> </snip>
> i must say, that i'm a bit perplex.
> while in principal i'm not opposed to removing the post if they have any
> problems with it,
> however, i find the tone at least impertinent, and would prefer to not
> give way to a threat to sue.
> i have thus answered:
> <answer>
> hold on!
> i understand that you probably don't want an unsubscribe request to be
> available in a public archive.
> however, all the pd-mailinglists have always made it clear, that
> everything will be archived and made available to the public.
> thus, by subscribing to one of those mailinglists, you have given your
> agreement that all your postings to the list will be made available via
> those archives.
> furthermore, you are of course free to ask that your posting is removed
> from the archives.
> however, if somebody replied to your posting and has made this available
> to the public, then i don't see what entitles you to request a removal.
> it is their posting.
> the pd-lists are an open forum.
> they are no place to threaten people with sueing.
> fgmadsr
> IOhannes
> </answer>
> what do you think of all this?

now thats...

1. on the registration page theres a link to archives, so that should
give the first hint that the list is public. (2 clicks and he/she would
have seen what the case 100% is)

2. 99% of open source projects mailing lists are open (hence common

but yeah, as the registration page dosnt seem to explicit say that the
list is public, but also that it would be private. (dunno about the
confimation mail.) so i have no idea how it would hold in court...

but wouldnt he/she first have to prove that the list is supposed to be
private and not he/she just assuming it ?

and maybe he/she got this part wrong "This is a private list, which
means that the _list_ of members is not available to non-members"

but personally, i would like to see if he/she can pull it of, as i've
never even heard that someone sues a mailing list...

call the FSF! :)

"leute gibts"

ps. i see in germany lots of mails that explicit say ~"not for public",
did his/hers mail have it ? and who sais that even i (as person) am not
allowed to put someone elses emails (that was sent to me) somewhere
public... is there a law not allowing me to write someones name in
internet ? or even someones email ?

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