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Re: list and usenet



On Tue, 21 Feb 2006 14:08:22 -0500
Kevin Mark <kmark+debian-user@pipeline.com> wrote:

>
> >
> some folks see the idea of suing bar owner or gun owners and wining
> damages as liberal justice. 

Well, I'm a bar owner, so I have to chime in ;)

The concept of making the bar owner responsible for the actions of
patrons is interesting. There are certainly laws on the books in some
jurisdictions (US, anyway) that DO make the bar owner responsible. So
called dram-shop laws make the bar owner responsible if their patron
gets too drunk and ,for example, goes out and kills someone. In fact
there is insurance to cover such things.... 

The practical side to it is that the bar owner has to learn to strike a
balance between maintaining total, absolute control over the situation
and maintaining a fun, relaxed and hopefully profitable atmosphere. How
do you do this? Well, you set a staffing level that provides enough
surveillance without breaking the bank and hope for the best. obviously
training and policy come into play as well. The reality is that one
CANNOT plan for, nor handle, every eventuality. One must make a
reasonable, responsible effort to maintain control. In the unfortunate
event that something DOES go wrong, one must first take responsibility
for the fact that something happened. Examine internally whether
anything could have reasonably been done about it, and then either
defend oneself or accept full liability. The question there is what is
reasonable.

This same logic applies to many other things as well, including
file-sharing and the use of peer-to-peer networks. What is a reasonable
amount of effort to prevent piracy? If one has made that reasonable
effort are they really responsible for those who find a way around
those efforts?

Now, having jumped into the middle of a conversation about which I know
nothing... I"ll crawl back under my rock.

A

--

Wandering OT since 1970.

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