Malanding,

I understand you employed a veiled scare tactic with jorge warning him that his threat to infect the maelstrom and Kaput, will be considered a threat to St Johns.

Let me share a few things with you.

Gambia-L is a community of Gambians brought together in e-discourse. St johns agreed to host the site and provide logistics to enable that. Gambia-L is managed by volunteering Gambians, yourself included.

The rights of existence for Gambia-L do not affect the rights of existence for St Johns University. Still with me? Good. The disabling factors for Gambia-L therefore, does not infringe on the existence rights of SJU. Therefore, be it by power failure, the incapacity of any of the managers to continue volunteering, or by revocation of server rights, SJU does not have attached rights as would issue in real property cases.

I think you understand that much. Now then: SJU does not have commercial interest in the existence or non-existence of Gambia-L except marketing privileges as regards e-mail addresses of subscribers. That was an implicit right obtained when subscribers choose to be part of this here maelstrom. If that implicit right is withdrawn by another individual or by SJU itself, the remedy is to prevent the culprit from committing the act of sabotage. However, when subscribers sign on to G-L, they are not told that SJU will reserve marketing rights for their e-addresses. This then means that absent the prior notification, that right will not issue in a court of law. If you do not understand what I am saying, seek advice from SJU legal counsel or the Dean of information technology.

There is another area of law affected by Gambia-L. That is Agency. Gambia-L management was not elected by the very subscribers whose presence on the maelstrom requisitions Gambia-L's very existence. Or it might as well be called Jaiteh-L. You get my drift? Therefore since the management of this Maelstrom is by volunteering, L-management is assuming agency for all the Gambian subscribers and giving notice by default to SJU that it will abide by SJU's rules and regulation if SJU provided server capacity. Potential for false agency even though it is done with good intentions. Those good intentions will only be taken into consideration after a ruling on fraudulent agency is passed. In other words, in the penalty decision.

Now as regards threats to e-communication. A threat that is communicated beforehand is not a threat in the legal sense of the word. It is more like a warning to cease and desist, otherwise. It therefore puts the victim on notice that a protest action will follow if ........... I think you know the difference. This is the way e-law takes care of complaints and disgruntled subscribers especially those subscribers whose presence on a particular site is the raison d'etre for that site. Let me explain. Jorge will not issue a threat if he was not agrieved. Jorge and Gambia-L have a gentleman's agreement derived from management's representation to SJU. The quarrel between you and Jorge does not automatically extend to SJU. And if it did, the only reasonable remedy given SJU's philanthropic interest in Gambia-L, will be the withdrawal of server capacity. No more, no less. The threat of Kaputs is to Gambia-L, not SJU. If you do not understand the legal difference, you may find reason to compromise on the current problems of the L. Because you will feel that Jorge's threat will not be made good on if you instill fear in him. If I know Jorge, he is too smart to take the bait.

We are not even talking about e-Law yet. Because that affects tangible considerations. Do not confuse Gambia-L with e-commerce sites or sites belonging to a private corporation or individual.

I haven't said everything here, just the points germaine to the contra-bargaining chip you are holding on to.


I suggest you listen to those who implore you to re-instate those you de-listed, invite those who voluntarily de-listed to re-list, and respectfully resign your volunteer position as manager of the L. It would not be the end of the world for you and surely, you do not have to be an L manager to feel fulfilled or do you?


Les plus importants transformations sont les modifications "accidentelles".

Yours truly - Haruna.





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