|> -----Original Message-----
|> From: Peter [mailto:peter§instra.com.au] 
|> Sent: Saturday, March 23, 2002 12:10 PM
|> To: dns§lists.auda.org.au
|> Subject: RE: [DNS] DNS List
|> 
|> 
|> A direct question to Dassa
|> 
|> If auDA ignore there legal advisors and accept yours... How would you
view 
|> the actions of the auDA board if auDA is successfully sued - would
you ask 
|> the board members to pay from their own pocket because of their 
|> irresponsible behavior?
|> 
|> That's a straight question deserving a straight answer.

It isn't a straight question as you well know.  But I don't mind you
trying to point score.

First, I wasn't offering legal advise.  I was making comments on the
legal advise given and showing the shortcomings in it.  Second, comments
were invited on not only the legal advise but also on list changes.  

To get into your question, I expect any Directors to act in the best
interests of the organisation.  This may or may not involve some
liability.  Those decisions have to be made by the Directors on a case
by case basis.  

Legal advise is not a definative answer to any question.  At most it is
a guide and is open to interpretation by the advisors and the parties
involved.

A question for you Peter, do you consider it practical for Directors to
avoid all risk of litigation?

And a general question to all, do you consider the threat of litigation
sufficient incentive to abandon logical actions?

Darryl (Dassa) Lynch.

PS...to date I have had about 40 threats of litigation involving
illogical or poorly researched concepts, to date, none of them have ever
come to anything.