[94696] in North American Network Operators' Group
Re: what the heck do i do now?
daemon@ATHENA.MIT.EDU (Michael Froomkin - U.Miami School )
Thu Feb 1 15:55:15 2007
Date: Thu, 1 Feb 2007 15:44:03 -0500 (EST)
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
Reply-To: froomkin@law.tm
To: Scott Weeks <surfer@mauigateway.com>
Cc: nanog@merit.edu
In-Reply-To: <20070201120832.7CD0266B@resin10.mta.everyone.net>
Errors-To: owner-nanog@merit.edu
On Thu, 1 Feb 2007, Scott Weeks wrote:
> -------- froomkin@law.miami.edu wrote:---------------
> From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
>
> As an, ahem, lawyer, I think what you do and how you do it matter a lot
> ...
> Pulling a plug after reasonable/lots of warnings (did you miss anyone? how
> do you know for sure?) is on the safer end of the legal spectrum.
> ----------------------------------------------------
>
> Matters a lot? In what country's legal spectrum? Or did you assume the
> queries are US-based only? Or are you suggesting he treat US-based
> queries differently than the rest of the world? Or are you speaking
> from US-centric tunnel vision?
>
> scott
>
Indeed, I was thinking of the US system, since
(1) that's what I know well, and
(2) it has the most trigger happy plaintiff's lawyers (although in my
experience, jurors tend to take their responsibilities very seriously,
contrary to what someone earlier in the thread suggested), and
(3) Vixie is AFAIK located in the US, meaning that he'd be susceptible to
suit here. It's not so obvious he could be sued elsewhere on these facts
although I can't rule it out; even if he were, the court might decide
choice-of-law dictated US law anyway.
Despite the above, it's of course right to ask what foreign legal systems
might say about this. Alas, I can't answer the question, except
to say that in matters of commerce the answers often do tend to converge.
[I think it's time to go back to lurking...]
--
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A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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