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Grex > Coop11 > #115: Did the Board overstep its authority? | |
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| 25 new of 73 responses total. |
scg
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response 13 of 73:
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Jul 30 04:42 UTC 1999 |
I've shut down Grex temporarily for various reasons enough times that I've
lost count. That hasn't been with specific board authority, and sometimes
not even with prior consultation with anybody else, but rather just using my
authority as a staff member. There have been some shutdowns lasting a whole
weekend or more which have been done by staff members without board approval,
because they were needed for system maintenance. In this case, nobody was
talking about a permenant shutdown.
As I've said, I'm not on the board anymore. I wasn't at the meeting.
However, here's my understanding of the situation. The judge had promised
to issue a ruling before August 1st. There was never much doubt that there
would be a ruling one way or the other. In his ruling, the judge could block
the whole law, or part of the law, or none of it at all. It seemed quite
likely that the judge was going to block the whole law, in which case this
wouldn't be necessary. However, if the judge did something less than that,
we would have had to wait for his ruling to see exactly what he did do. That
ruling might potentially have come with only 24 hours, or I suppose
theoretically less but I'm guessing the ruling was unlikely to get issued on
a weekend, to figure out a course of action. Given that, the board decided
to do this temporary shutdown in order to figure out what to do. From my
position as somebody whose no longer on the board, and only does staff stuff
very occasionally, it would be easy to say that the board should have kept
Grex running at all costs without analyzing the risk. It's the board members,
and probably the more active staff members, who would potentially be facing
jail time over this. I'm not sure what I would have done in their position,
but what they did certainly strikes me as a reasonable temporary measure.
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janc
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response 14 of 73:
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Jul 30 05:30 UTC 1999 |
Since staff members are appointed by the board, their authority to shut
down Grex temporarily derives from the board.
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gypsi
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response 15 of 73:
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Jul 30 06:19 UTC 1999 |
I'll echo Eric. If the law had gone into effect, the board would have to shut
down Grex because of the *law*, Richard.
For some odd reason, I just knew he was going to enter this item.
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k8cpa
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response 16 of 73:
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Jul 30 07:56 UTC 1999 |
Guys, If it comes to it... I'll get a damned Cable modem and LAN the GREX
Machine and set it up in MY house and we'll tell the Government to get bent!
LONG LIVE GREX!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
-Chuck
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gypsi
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response 17 of 73:
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Jul 30 08:02 UTC 1999 |
<smirks>
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cmcgee
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response 18 of 73:
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Jul 30 13:30 UTC 1999 |
I didn't like the idea of Grex shutting down. I think it would have severely
damaged our ability to function as a community, even if it were down for a
short time. But, I fully support the board's decision; it was a prudent and
responsible thing to do.
Board members have some _duties_ under the law, and one of them is to
manage the assets of the corporation in a prudent manner. Placing Grex in
a position where it was in possible violation of a law is not prudent.
If we had had a member vote that decided that we would _defy_ the law, no
matter what the financial or personal consequences to Grex, its members,
and its officers, then the board would not have needed to make this
decision. Short of that, they did the right thing.
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dpc
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response 19 of 73:
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Jul 30 13:30 UTC 1999 |
I don't have a particular view about the Board's *authority*, but
I seriously question its *wisdom*.
The Board did not even give us Grexers the courtesy of posting
a warning about the shutdown in the Message of the Day, as far as
I could see. I only saw the notice here in the Coop Conference.
Coop is an acquired taste, and notice in Coop alone was grossly
inadequate.
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steve
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response 20 of 73:
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Jul 30 14:27 UTC 1999 |
Well Dave, would it have been better to loudly proclaim that we
might be shutting Grex down and cause a flurry of panic because of
that?
Weeks ago, we caused concern among many people with our announcement
of the law and its effect on Grex, when we put it in the MOTD. Do you
remember that message, and how it changed? That was because several
people were panicked enough to ask that their accounts be *deleted*,
after having (mis)read the MOTD.
We discussed putting a note in the MOTD about the shutdown at the
board meeting. I came away with the impression that it would be best
to hold off on that 'till we had a better idea of wat was going on.
We did expect that we'd win, which is why we took that approach. Had
we placed that announcement in the MOTD, if even a small fraction of
Grex's email users had created .forward files, Grex would have been
*severely* damaged, causing more panic.
Given the expectation level of the outcome, should we have done
that? I think not.
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jep
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response 21 of 73:
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Jul 30 14:46 UTC 1999 |
I don't like that reasoning. All of us would have been affected if the
system had been shut down, not just the Board. People who depend on
Grex for their e-mail had the right to expect enough notice to make
their own arrangements. There would have been some adversely affected
people if Grex hadn't gotten lucky about the injunction, and a lot of it
would have been unnecessary.
I wouldn't have expected Grex to be of the "don't tell people, it's for
their own good" mindset, and I wouldn't have expected you to be an
advocate for that kind of position, STeve.
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steve
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response 22 of 73:
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Jul 30 15:26 UTC 1999 |
Given the likelyhood of our winning, and the extreme amount of damage
that people could cause Grex in the stampde to set up mail forwardings,
or massive numbers of people deleting their text en mass, I can't agree
with you.
Of course everyone would be affected. So what? Everyone is affected
every time a vandal manages to find some new way of making the operating
system bog down. Everyone is affected when the net link goes down or when
we run out of some resource.
Had the outcome not been as predictable as it was, *I* wouldn't have
taken this course.
In the end it comes down to the balance between trying to run things
in a stable manner and taking actions which could cause a lot of harm.
I'm sorry you feel this way, John. Looking back on it I still think it
was the right decision to make. However, we now have time to discuss
this in case something like this happens in the future.
I wish you'd take some of your displeasure and aim it at the Michigan
State Legislature. *They* are the source of all this.
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gypsi
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response 23 of 73:
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Jul 30 15:44 UTC 1999 |
STeve has a point. If it had come out the other way, I'm sure an
announcement regarding the shutdown would have been posted in the MOTD
a day or two beforehand. Grex has been down without announcment before
(for various reasons), so I would have just assumed it was one of those
times had it *not* been posted.
Regardless, Grex is not shutting down, so this is all moot.
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dpc
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response 24 of 73:
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Jul 30 17:51 UTC 1999 |
I wish it were moot. However, STeve admits that giving *proper*
notice to users of the Board's motion might have caused a panic.
Instead, the Board gave *improper* notice to only the "political"
junkies. An extremely poor choice.
The root of the problem, of course, is that the Board's
*resolution* was bad policy. To hide the badness of that policy
by not giving proper notice compounds the problem, IMNSHO.
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gull
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response 25 of 73:
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Jul 30 17:55 UTC 1999 |
Re #23: I hope that would have been the case. It reminds me of those
sci-fi movies where everyone's doomed, but the government doesn't tell them
to avoid a panic.
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mary
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response 26 of 73:
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Jul 30 18:31 UTC 1999 |
I feel badly that I didn't enter an item, weeks ago, about
what we should do if the decision didn't go our way. I had
given it some thought, but not a lot. I'm usually pretty
sensitive to "group-think before Board votes", but this one
slipped by, maybe out of the firm belief we wouldn't need
a fallback plan, and maybe out of denial we'd be put into
such a hard place.
I agree this discussion should have been initiated right
after we voted to join the suit. We all dropped the ball.
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jep
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response 27 of 73:
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Jul 30 19:02 UTC 1999 |
Thank you, Mary. I'm sure it seems like I'm trying to drag someone,
anyone, over the coals, but I'm not. I appreciate what you did (I
disagree, but I still appreciate the work). I support the Board
overall. It's a good board. I think the actions taken by the Board
about shutting down Grex were one wrong thing after another, though. I
hope nothing similar ever happens again.
STeve, you mention "likelihood" pretty prominently in your explanations
of why there was no announcement. There's talk in all of the items
about the shutdown policy about how it wasn't "likely" that Grex would
felt it needed to shut down at all. Why wasn't it reasonable to use
"likelihood" in evaluating the possibility of legal effects against Grex
if the law *did* take effect?
To cover the unlikely possibility of the law taking effect, and the
further unlikely possibility that if it did, there might have been
consequences for Grex if it did, the Board voted to shut down the
system, and then because it was all so unlikely, the Board decided not
to inform most of those who would be affected. Isn't this pretty
screwy?
The Grex coop conference is not the place for correcting the Michigan
State Legislature. I disagree with what they did, but that does not
excuse the Grex board from being reasonable and doing what it should.
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steve
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response 28 of 73:
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Jul 30 20:18 UTC 1999 |
John, to what extend does the board need or should inform people,
in the area of unpleasent things? There is always the possibility
that a vandal will come here with some new trick for breaking into
a SunOS system, and systematically everything here. Should the
board have blaring messages in the MOTD, stressing this? God knows
we have enough vandals that pass by here every day, trying to get
in, so to speak.
Really, it comes down to accessing probabilities vs. possibilities,
and figuring out what to do about them. I stand by my decision on
this, but wonder what people in general think. I konw you think the
board messed up, and would like to hear what others think.
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mwg
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response 29 of 73:
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Jul 30 20:59 UTC 1999 |
I must be wierder than average here. I was operating on the assumption
that Grex would vanish (at least for a time) if the law was upheld, at a
minimum because lots of material would need to be removed to prevent users
from being blasted for old material. It never occurred to me that it
might stay up uninterrupted. I think you can derive my opinion of the
board action from this.
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gull
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response 30 of 73:
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Jul 30 22:19 UTC 1999 |
Re #28: A shutdown due to vandals isn't forseeable. This was forseen
enough that there was a contingency plan made especially for it. There must
have been a feeling that there was a reasonably large chance it might
happen. Downplaying the risk in an announcement would have been fine, but I
think people should have at least been aware of the possibility that the
system might go down for a considerable length of time because of this. I
really hadn't thought about it enough for the possibility to occur to me.
If you forsee, ahead of time, you're going to have to take the system down
for a considerable length of time on a certain date to replace a disk, or
something similar, you put notice in the MOTD beforehand. Why is this so
different?
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steve
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response 31 of 73:
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Jul 30 23:04 UTC 1999 |
The difference, as I see it was based on our collective knowledge we
simply did not believe that we'd have to use this, but voted on it "just
in case". Had we thought there was something of a chance, we'd have put
that in.
For me, it was a remote enough chance of this happening that I was
comfortable with doing it this way. Had I thought there was a real chance
of it going the other way, I would have put the announcement in, myself.
But we know from experience that when we put alarming notices in
the MOTD we get a flurry of responses, and I really didn't want people
to misconstrue Grex's shutting down because of this law.
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other
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response 32 of 73:
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Jul 31 00:46 UTC 1999 |
Listen,
The US government developed a policy that stated that we would launch a full
nuclear assault on the Soviet Union if we became convinced that thay had
launched one on us. (Mutually Assured Destruction)
That does not mean that the US is *ever actually going* to launch a full
nuclear assault.
Don't let your emotional response to the *hypothetical* situation of a GREX
shutdown color your perception of reality.
Dave, how can an attorney *possibly* expect to be successful by arguing from
an ignorant emotional standpoint. That is, unless you are making an
emotionally based argument as a matter of strategy, in which case I have to
wonder what your goal is, other than to stir up a shitstorm, which does nobody
any good, including you, because you look like an idiot for doing it!
jep, I think your position in #0 has been fully addressed...
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jshafer
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response 33 of 73:
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Jul 31 06:17 UTC 1999 |
resp:28 - What do I think? Hmm, OK, so it should have been discussed
beforehand. It wasn't. A few people have apologized for that
oversight. As someone (Jan?) pointed out, people were busy preparing
for the trial and such. I think the board did the right thing, both in
the contingency plan and in avoiding panic-inducing MOTDs.
resp:32 - "...because you look like an idiot for doing it!" - Well said.
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dpc
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response 34 of 73:
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Aug 2 15:53 UTC 1999 |
Thanx for your comments, Mary!
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albaugh
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response 35 of 73:
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Aug 6 03:32 UTC 1999 |
Since I personally happen to monitor coop, I was aware beforehand that
grex might shut down. And if the injunction hadn't occurred, I
would have had to think about what I might be able to do to cope with
e-mail being inaccessible (yes I know that technically it was removal
of public access, but it wasn't clear that mail .forward-ing would have
been processed, that mail would even have been accepted). In hind
sight, I think there *should* have been some well-worded blurb in MOTD
about what might happen, to give forewarning. This notion of "don't
panic the cattle", regardless of perceived past experiences, seems to
fly in the face of assuming that members/users are reasonable, know how
to act appropriately to conditions. I don't buy it, I don't accept it.
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aruba
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response 36 of 73:
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Aug 6 04:19 UTC 1999 |
Should we put something in the MOTD every time a thunderstorm approaches Ann
Arbor, since lightning might strike the building Grex is in and fry the
computer?
It seems clear to me that part of the decision of whether to put up a warning
message is a judgement of how likely the disaster is to happen. We all
thought this one was pretty unlikely.
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gull
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response 37 of 73:
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Aug 6 04:32 UTC 1999 |
Lightning storms are relatively unforseeable and generally only last a few
hours. This was forseen and could have lasted days or weeks. It's not the
same thing. Besides, this was a rational decision, not an 'act of God' like
a storm.
You seem to have little faith in users' ability to handle the truth.
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