[thelist] Business practices and Anti-Trust

Karl Fast karl.fast at pobox.com
Sun Mar 18 18:05:04 CST 2001

> > I don't agree with your argument that not quoting a case number
> > somehow invalidates the Guild FAQ and their research on this.
> It makes it impossible to verify.  And without any ability to verify it its
> basically hearsay

Not impossible, but I would agree that it's certainly not easy.
There are people at HWG you could talk to and the FAQ does name the
lawyers quoted. It is possible to track them down, but it would take
a lot of work. The FAQ states:

  According to either Marshall Kragen or Lewis Rose (both practicing
  lawyers), several brokers in DC were successfully prosecuted for
  simply discussing an increase of fees at a dinner meeting.

> How this would possible apply to a mailing list with international
> membership is beyond me

It is beyond me too, but I am not a lawyer and, I presume, neither
are you. I do not always agree, nor understand, the intreprations of
the law.

Ultimately it boils down to this:

- The HWG underook significant work in investigating this and
  concluded that it was a possible risk.

- The HWG admits they are being conservative in their approach

- The HWG is a professional organization, and evolt is not

- The issue has not been legally tested in regards to an
  international and public mailing list with no membership
  requirements, and we cannot be certain as to how the courts would
  interpret this until such a test is put before the courts

And I would add that the evidence suggests it may not be allowed,
even though common sense tells me that it shouldn't be a problem.
Law and common sense are not always friendly neighbors.



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