krusty & legal issues: part 2

[root <root@domain.elided>]

none of what follows is intended as threats to shut down the lists, or
posturing, etc., but simply some thought about the implications of the
digests, the way that they are currently run, and issues about litigation
in our modern american society, such as it is. i have spent some time
tonight pondering the legal issues presented by running these mailing lists
as a hobby, through Krusty Motorsports, which is a hobby business, after all.

since i exercise minimal editorial control over the digests, mostly trying
to dampen down spam, flames, and other inappropriate or irrelevant postings,
i am actually probably covered under the sections of the CDA that weren't
struck down by the supreme court. wizvax, our host ISP, has successfully
defended themselves in the recent past when litigation minded persons chose
to take offense at articles posted from wizvax, using the aforemention
sections of the CDA.

the problem is the cost of such defense. wizvax spent some $2500 defending
themselves in a recent case in Virginia. they were successful in that
defense, but the fact remains that the defense cost a bit. since wizvax is
a small but functional ISP, $2500 to defend their bread and butter business
is a price they are prepared to pay -- not happily, but they did pay it in
order to stay in business.

krusty & digest.net, on the other hand, are a "hobby gone insane", as i put
it on the IHC Digest a couple of weeks ago. krusty is simply a DBA, affording
no real legal protection for my personal assets. this recent legal threat
concerns me greatly as my house, property, etc., are directly at risk.
i cannot walk away; i will do what is necessary to defend myself. however,
if the cost of running the lists comes to, say, $2500 a year to defend
against gratuitous lawsuits, then that is too high a price to pay for a
"hobby gone insane" -- and the lists will have to go.

the letter i have received demands a retraction and an apology. i do not,
in my judgement, owe any retraction or apology; i will simply defend myself,
and expect to win. the implications of having to defend myself, however,
are quite broad. this is a remarkably unpleasant situation.

sigh,
  richard