Sun, 15 October 2006
To all members and/or supporters of the organization known as "Perverted Justice":
Thank you in advance for NOT contacting me by email to tell me that Liberated Syndication, a.k.a, LibSyn is "supporting pedophilia", and that by continuing to pay my subscription fee, I am also by extension supporting pedophilia. I do not support pedophilia, and to suggest otherwise is bringing you within spitting distance of a libel charge.
LibSyn has informed all of its subscribers that it is conducting an investigation of the accused podcast and if futher action is warranted, then it will be taken.
All podcast producers who use LibSyn for podcast hosting have signed a contract with LibSyn. Like all contracts, this one has terms and conditions to which both parties must be bound. While we podcast producers are reasonably free to "take up stakes" and move our shows whenever we please, LibSyn is not as free to kick a show off of the site. I am no lawyer, but I have enough contract law knowledge to know that for LibSyn to break a contract and kick off a subscriber, then the management must determine with at least a preponderance of evidence that the subscriber was already in breach of contract by violating the terms of service--the terms of the contract. Until such time that LibSyn's management can furnish this proof, they are not able to take such drastic action.
You should also be aware of another matter of law regarding contracts. To advocate breaking a contract in order to create financial harm to one or more parties in the contract is a legal tort known as "Wrongful Interference With a Contractual Relationship." Torts are usually remedied with financial awards, and they can get expensive. A famous example of a very large tort case is the woman who won the millions of dollars from McDonald's over a cup of hot coffee. Hopefully, you get the idea...
You should also be aware that Perverted Justice has been asked not to contact or ask others to contact LibSyn subscribers, so I am echoing this sentiment here.
Consider this fair warning that your email addresses and the contents of your messages are being archived in case they are needed for any reason.
I do not wish to get ugly, but it has gotten out of control.
Please know that I am not authorized to speak on behalf of LibSyn, and nothing that I post on my blog or in my podcast episodes is ever to be construed as the official opinion and/or policy of LibSyn.
Please also know that while I have talked of legal matters, I am not an attorney, nor am I qualified to give legal advice.
Please also know that I have complete faith that the management and/or ownership of LibSyn is completely competent and responsible and completely capable of making the right decision in this manner.
Please also know that I trust that you will make the right decision in this manner.
Category:podcasts -- posted at: 9:35pm EDT
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