[misc.legal] Can Usenet be sued?

greg@lawnet.LawNet.Com (Gregory G. Petersen) (06/15/89)

In article <2335@etive.ed.ac.uk> jha@lfcs.ed.ac.uk (Jamie Andrews) writes:
>In article <3305@epimass.EPI.COM> jbuck@epimass.EPI.COM (Joe Buck) writes:
>     Conversely, I think Brad's other activities are constantly
>stretching the boundaries of netiquette.  I find particularly
>repellent his proposal to exploit the wide availability of
>netnews software by distributing HisOwnService with that
>protocol.  No, it's not different in kind from many things that
>have been done before on Usenet -- just in scope.  I hope that
>if Brad makes profits with his Compuserve/ClariNet schemes, and
>if Usenet ever is hit with one of these threatened lawsuits,
>that Brad will recognize where the origins of his Usenet profits
>lie, and support the community of the net that has contributed
>to his success.
>



Disreegarding the merits of Brad's scheme, I am concerned by the question
raised  "if Usenet ever is hit with one of these threatened lawsuits" --
what threatened lawsuits?

Usenet, as I understand it IS NOT a corporation, association, entity, or
any other type of group which can be SUED as such -- or am I incorrect
in my understanding?  If someone has threatened to sue "Usenet
it raises interesting questions about the organization/entity status.  For
the record I would take the position that Usenet is the name given to
a series of independent agreements of connectivity which agreements are 
between independently owned and operated systems which are directly
connected (in some manner) with each other. I would also take the postion
that Usenet, as a name given to that series of independent contractual
relationship, which has developed its own "industrial" customs, does not
create a sui juris entity, or any rights, promises or liablities beyond those
made between those entered into between independent systems who agree to allow
the mutual connections between systems.

Thus my preliminary thought would be that Usenet, as such, cannot be sued.
I certainly would be interested in any views to the contrary since I may not
be aware of historical facts that render that opinion incorrect. If there
is any interest I will post the responses in summary form.
-- 
Gregory G. Petersen, Esq.                  greg@lawnet.LawNet.Com
Petersen & Trott, A Law Corporation            (714) 971-1441  
770 The City Drive South, Suite 2100
Orange, California 92668