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Grex > Coop12 > #26: Victory in Cyberspace v Engler Lawsuit | |
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| 25 new of 51 responses total. |
jp2
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response 25 of 51:
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Jun 7 20:49 UTC 2001 |
This response has been erased.
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janc
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response 26 of 51:
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Jun 8 04:17 UTC 2001 |
I guess that in this case I not only fail to agree with John, I'm completely
baffled by him.
I thought all conservatives believed that when you are threatened, you defend
yourself, you don't leave the job to others. John seems to be advocating
the opposite.
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keesan
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response 27 of 51:
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Jun 8 14:52 UTC 2001 |
Jep serves a useful purpose on grex - he gives a minority opinion. We can
all learn from each other. In the real world, jep's opinions are not so out
of line. It is no fun having an argument with people who agree with you.
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janc
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response 28 of 51:
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Jun 8 15:14 UTC 2001 |
For me, the process of argument involves trying to figure out where the other
person is coming from, and trying to challenge his own conclusions from his
own assumptions. Since I can't figure out where John is coming from on this
one, I am unable to argue with him.
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danr
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response 29 of 51:
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Jun 8 15:30 UTC 2001 |
I'm with Jan. I honestly don't see where jep is coming from on this. We
didn't spend any of our own money on this case and the membership voted
overwhelmingly to participate.
Also, I would be in favor of refunding the dues of any member (on a pro-
rated basis) who so strongly disagreed with the vote that he or she no
longer wished to be a member.
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gull
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response 30 of 51:
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Jun 8 16:06 UTC 2001 |
I think his problem is simply that he dislikes the ACLU and what they do.
He's probably a conservative law-and-order type who doesn't like limits on
government enforcement power.
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other
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response 31 of 51:
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Jun 8 19:33 UTC 2001 |
No, given what he has said, I think it is a more specific issue than
that. I think jep is just adamant that in order to impartially serve all
comers, Grex itself should actively avoid taking stances in any issues
outside its own operation and governance.
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jep
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response 32 of 51:
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Jun 8 20:29 UTC 2001 |
I certainly haven't intended anything resembling what #26 or #30 cited
me as saying. It seems quite a stretch, from my comment that I don't
think Grex should be participating in partisan political actions, to
claiming I said Grex shouldn't defend itself. Let alone that I'm a
conservative who thinks government power should be unlimited.
Maybe those who are so confused by my comments can identify which of the
following statements are incomprehensible, and maybe even explain a
little about why they're so befuddling. These are actually things I've
said:
1. Grex shouldn't be participating in partisan political actions.
2. By taking political actions, Grex loses the impartial status that it
used to have as a forum with no political opinion of it's own.
3. By sending (limited) money to Grex (long ago), I intended to promote
a certain thing; a conferencing system with forums for people to
participate in. It doesn't fit with that concept, in my mind, for Grex
to be joining in political actions taken by other groups such as the
ACLU. "Conferencing system" <> "Front for ACLU".
It's not just that it's the ACLU, though I don't support the ACLU. I'd
object if Grex were joining the Red Cross for political lawsuits. I'd
object if Grex were lobbying along with the Huron Valley Watershed
Council or Student Advocacy Center. There's a difference between a
forum and a politically active organization. Grex should have stuck to
being a forum.
4) Grex's name is a resource. The name "Cyberspace Communications" is a
resource. It wouldn't be a resource without the contributions of users,
including myself (however small and however long ago). Using those
resources for the interests of other groups is allocating the
contributions of those users for the purposes of other groups. It is,
in some respect, the same as contributing my money (and that of other
contributors) to the other group; in this case, the ACLU.
re #29: I don't want any money back from Grex. I don't know how much
I've contributed, but it's not a lot -- nor is that relevant. Grex was
different when I contributed it, anyway. It was welcome to whatever I
sent. It's just not welcome to any more of my money, because I don't
trust Grex not to mis-use it. (But thanks, Dan.)
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cmcgee
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response 33 of 51:
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Jun 8 22:56 UTC 2001 |
A lawsuit against the enforcement of an unconstitutional law is not a
partisan activity.
That being said however, I think I remember jep arguing during the vote
that if individuals wanted to support the ACLU, that was fine, but that we
as an organization should never take a position on any law.
I disagree strongly with jep, since I believe that Grex is much better off
getting this law off the books before it shut us down, rather than waiting
until we were charged with violating the law and having to find a lawyer to
defend us.
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danr
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response 34 of 51:
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Jun 9 00:42 UTC 2001 |
I don't see it as a partisan thing at all, either.
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gelinas
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response 35 of 51:
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Jun 9 06:08 UTC 2001 |
However, John didn't say "partisan;" he said "political." "political" <>
"partisan" (says the political candidate for a non-partisan office. ;)
I've long found it useful to remember the relationship between "politic"
and "polite": They used to mean much the same thing, and they come from
the same root, "polis" (Greek for "city").
Does the ACLU have a political agenda? Of course; we all do. Was it on
display in this particular case? Probably. Was it a partisan position?
I don't know; was the law being opposed a partisan position?
The reality is that this law was very likely going to harm grex over the
long term. 'Twas better to fight it early, when all of the necessary
resources were available, than later when losing it for lack of resources
would be more likely.
This was NOT a fight grex could stay out of.
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other
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response 36 of 51:
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Jun 9 07:13 UTC 2001 |
I think jep's argument is an example of taking a reasonable position to a
logical extreme, which shows why that is an effective devide. The logic
breaks down.
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cmcgee
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response 37 of 51:
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Jun 9 12:45 UTC 2001 |
Response 32, by jep: It seems quite a stretch, from my comment that I don't
think Grex should be participating in partisan political actions, to
claiming I said Grex shouldn't defend itself.
It seems to me that jep DID say partisan political actions.
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gelinas
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response 38 of 51:
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Jun 9 14:06 UTC 2001 |
You are right and I was wrong. In #12, #14 and #22, he used "political";
in #32, he started using "partisan political." And that was the first
occurrence of "partisan" in this item.
Sorry, John, you are wrong: Politics is how we arrange to live in near
proximity (usually) without killing each other.
If the matter at hand were a law that had nothing to do with the online
community (overturning a motorcycle helmet law, for instance), I would
agree that grex should stay out of it. But when the law is one that
directly affects us, there is no reason for us to go it alone and every
reason to ally ourselves with those who can help us when.
Would we have gotten involved in this suit had the ACLU not asked us to?
I wasn't here then, so I don't know how we got involved. So I can't
say one way or the other.
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steve
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response 39 of 51:
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Jun 10 08:30 UTC 2001 |
John, I'm still puzzled by your statements here, but I'll say this:
Grex has no business in gun control issues, nor abortion rights; it
should stay away from positions of tax control and social issues...
But when confronted with a law which THREATENS our very existence,
Grex needs to be able to sprout claws and fangs and defend itself.
That we did. When (not if, alas) the next bizarre law comes along
promising to shackle our freedoms, we should give serious consideration
to working with other organizations on striking that down.
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jep
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response 40 of 51:
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Jun 11 15:42 UTC 2001 |
I'd still like to find out what parts of my comments previous to #32
were incomprehensible. I'm wondering if I've lost my ability to
communicate (or never had it much in the first place), or if there's
some willful denial going on from some people, or what. I can
understand that many people don't really care about what I've said, but
a few people responded to me in this item, indicating some interest, but
citing me as impossible to understand in any way.
I guess that's a side issue.
I don't see anything I can add to my previous comments, other than
continuing to repeat myself. I think Grex has chosen a disappointing
direction. I can't offer congratulations for it's "success". There are
conflicting comments about this; Grex didn't do anything, and yet it's
participation was essential, according to comments in this item.
Whatever.
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steve
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response 41 of 51:
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Jun 11 15:50 UTC 2001 |
John, you don't see the difference between our doing something
about a law that directly affects us, as opposed to any other law?
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scott
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response 42 of 51:
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Jun 11 16:32 UTC 2001 |
Well, slashdot.org has us linked on the main page today (Monday) as part of
the story. Eep!
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jp2
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response 43 of 51:
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Jun 11 16:45 UTC 2001 |
This response has been erased.
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jep
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response 44 of 51:
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Jun 11 16:49 UTC 2001 |
re #41: I'm afraid I just can't go over it all yet again. It would
probably be better to direct your comments to the general audience -- if
there is one -- and not to me. As I said in #40, I've said about all I
can. If further clarification of my opinion is necessary at this point,
I'm probably not capable of making my point to you at all.
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gull
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response 45 of 51:
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Jun 11 18:29 UTC 2001 |
It seems to me you're avoiding the question.
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janc
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response 46 of 51:
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Jun 11 18:42 UTC 2001 |
Jep says "Grex has chosen a disappointing direction". I don't even agree that
Grex made a choice. The Engler and the Michigan Legislature made a choice
when they passed the law. Once the law existed, Grex's options were so
limited that I'd hardly dignify them with the name of "choice". We could
comply with the law (shutting down newuser and validating the age of all
applicants for Grex accounts). We could defy the law, continuing to operate
the old way without regard to the law (thus putting the board members at risk
of serving jail time or paying fines far exceeding Grex's annual budget).
The only viable future for Grex required that the law be declared
unconstitutional. I believe that John agrees that this was our only hope.
We needed the law to be overturned. We were asked to lend some small amount
of help toward achieving that end. My understanding is that John thinks that
in that situation we should have claimed impartiality and refused to help.
I just completely fail to understand how that can be put forth as a viable
option. If you hit a dog with a stick, the dog objects and will try to run
away or defend itself. It isn't making any kind of sophisticated choice, it
isn't being political. It is defending itself. Grex's opposition to this
law wasn't a matter of choice either. To fail to oppose it would have been
suicidal behavior.
To pretend that we are impartial even to the question of our own continued
survival would be a flat-out blatant lie. We have labored to build this
system for a decade. How is anyone supposed to believe that we are
indifferent to the question of its continued existence? To pretend to
such indifference would be a ridiculous pose, contributing nothing to Grex's
reputation as a open forum.
To refuse to aide in our own defense so that we can strike such a fatuous
pose would be more than ridiculous. It would be contemptable.
Maybe the idea is that we are supposed to be practicing something like
Ghandian non-violent protest. When the storm troopers come to shut us down,
we should just ignore them, and hope the world media will rebel when they
seen the evil Michigan Internet Storm Troopers pull the plug on quiet,
unresisting Grex.
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janc
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response 47 of 51:
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Jun 11 18:46 UTC 2001 |
David slipped in. I agree that John hasn't addressed the central challenge
to his position here - the idea that Grex is working in self-defense. Most
people here seem to think that defending the legality of our traditional
mission is a part of our traditional mission. Even the 501c3 tax laws, which
place severe limitations on what sort of political action we are allowed to
take, allows self-defense. Why doesn't this seem to make a difference to
John?
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scg
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response 48 of 51:
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Jun 12 00:56 UTC 2001 |
I don't agree with John's position, but I don't find it hard to understand
either. Throughout most of Grex's history, it's been perfectly legal to run
a system such as Grex. Grex was merely doing what the law allowed it to do,
and not attempting to influence the law in any way. Once a law restricting
or perhaps banning Grex was passed, Grex took an active political position
in opposing the law. That strikes me as a pretty big change too, but I think
where John and I disagree is on whether that was the right choice to make.
Grex did have a choice in this matter. It could have let somebody else do
the fighting over the law and remained operational. If nobody had faught the
law and it started being enforced, Grex could have shut down. Both of those
options would have been perfectly legal, and would have allowed Grex to remain
uninvolved in political issues. I think suing was the right thing to do.
I'm glad the ACLU was there to help us. Still, I don't think that means no
other viewpoint is valid.
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swa
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response 49 of 51:
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Jun 16 04:05 UTC 2001 |
I agree with Steve in #48. Grex *did* make a choice, put a lot of thought
into a fairly involved action. Saying that it was no big deal, or just
the sort of things we've always done, or that we had no choice, strikes me
as oversimplifying. I do think it was the *right* choice, and I'm glad we
did what we did, but I think jep is right to say that we made a fairly big
choice that was a departure from the sort of thing we've always done, and
I'm puzzled by those who find this puzzling. I don't *agree* with jep,
but I can understand the point he's making and am glad he's voicing his
ideas. (Though I'd like to point out that #12 is incorrect: there were
far more people endorsing Gore than Nader in the Grex presidential poll.)
Reading the ruling was a huge thrill -- it's very very cool, amid all the
things going wrong in this crazy world, to see idealism and fairness
prevail.
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