HOISINGTON-L Archives

Archiver > HOISINGTON > 1999-07 > 0931722341


From: William Hoisington <>
Subject: Re: [HOISINGTON-L] Important! Please Respond
Date: Sun, 11 Jul 1999 13:45:41 -0600


Hi Harriette and All!
I have DEFINITE concerns about these changes... and some questions as to how we
might deal with it....
First,

> 1) There has been a change in the Acceptable Use Policy,
> that rootsweb has announced that it claims ownership of the material
> posted and that it also claims the right to reproduce it in any way it sees
> fit.

Was the original "policy" an implied form of consent -- no papers signed, etc.
Harriette do you have any back up to show that the Hoisington list signed on with
Rootsweb under previous terms and conditions?

We had a discussion about copyright laws earlier in the year -- I would think that
these would apply and that Rootsweb can't just "claim" rights to personal
communication during the lifetimes of the communicators.

> 2) Cluster surname mailing lists are being set up at rootsweb which, in
> many cases, duplicate already-existing lists.

What is a cluster surname mailing list -- how does it work? does Rootsweb seek to
bypass the original lists by duplicating a site?

> 3) None of this was discussed with the listowners beforehand and
> constitutes a complete turnaround in rootsweb's original agreement with
> existing listowners.

I agree with the cousin who stated that this constitutes a breach of contract. I
think it should be treated as such.

> 4) Anyone who has criticized this new policy has been treated rudely and/or
> "banned" from using rootsweb facilities.

Coercion is illegal -- this is what the anti-monopoly statutes are about --
whether it is Stanford Oil or Microsoft.

I'm totally in favor of getting off Rootsweb -- and this is a grave disappointment
-- not only in terms of the intent of the Web, but for the issues surrounding
genealogy (open discussion and _shared_ information) AND, more importantly,
freedom of speech and right to privacy. For Rootsweb to assume, blatantly, that
email communications become the "property" of a for-profit entity, is like your
post office deciding that postcards through the mail should ultimately be returned
to them for their uses -- who is to say that your private communication is to be
used for corporate profit -- or whatever means are at their disposal to determine
your voting patterns, your purchasing patterns, your opinions...... would we
allow a corporate entity to wiretap our phones?

Sorry to be on a soapbox here, cousins, but this is a totally inappropriate move
by Rootsweb! I think that your local newspapers might be very interested in
knowing that this action is being taken. I think that your Congressmen might also
be interested. State's Attorneys-General and the FCC -- the ACLU also.

By all means -- remove the list! But I also volunteer to write my state and
government officials about Rootsweb efforts if Harriette will agree to this
action -- I'm not willing to compromise Harriette's efforts in getting the list
"secured" elsewhere. I do feel strongly about this -- suddenly it's "1984" and
"Big Brother" is making his presence known.....

Darcy

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