[nukkad] Queries answered

["Mahesh chandra gupta" <>]

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Tip of the day:  If you are patient in one moment of anger, you will escape
a hundred days of sorrow.  - Chinese Proverb
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Dear Harshal,
I got your mail with comments on my reply to you but could not respond in time. In the mean time, things have eased. Yet, to put the record straight, I am addressing briefly the points raised by you.

1. Hitting enter key at the end of a line: I have already sent separate mail to you, asking certain clarification. I saw my mail at the nukkad site as suggested by you. It is horrible because of long lines. I will wait for your reply.

2. Time and effort costs of moderation: I agree. May be the peer review mechanism suggested in earlier mail meets your approval.

3. Is dereliction of  Fundamental duties violation of law?: Yes. It is like this. Law includes the Constitution also. Violation of Fundamental Duties under Article 51 amounts to violation of law. But, no punishment is provided in the Constitution for such violation. However, various laws or acts that exist, including IPC etc., provide for punishment of those very same Fundamental duties. The result is that the concerned statutory provisions further gain legitimacy, if it were at all needed, from the Constitutional provisions.

4. Mutiny is not a precursor to sedition. As a matter of fact, they are not much related. Mutiny is usually talked about in the context of an uprising in the armed forces. Sedition can be an activity with reference to anybody, and can be of various shades, even apparently mild. Mutiny is always vilent.

5. You state: “Consider this analogy:
I own a printing press that I want the public to use. So I 
put it in the town square and let people use it the way they
want. Some people use it to print poetry and some to print
hateful diatribes. Am I still liable for the content that is
printed via this press? I am certainly not the publisher since
I did not agree to print the material.”

Let me state at the outset that we are neither quarelling, nor arguing. This is academic discussion, meant to learn from each other, both from different knowledge backgrounds. Please take my word that in the analogy quoted by you, you are  100% liable in law, whether as author, publisher, printer,distributor, facilitator, moderator or owner or whatever.  If you take my word, it would save considerable space and typing. If not, that’s OK. We can elaborate on it some time else.

6.. You state: “But I did not 'knowingly' allow anything to happen. Consider this unmoderated list. Assume that a list subscriber sends a particularly nasty and illegal email.”

This will be poor defence in law. If I have a car whose brakes are faulty, without my knowledge, and give it to a friend for drving, and he meets an accident or causes accident to somebody, I would be squarely liable in law. Again, take my word or discuss later.

Regards and best wishes

MC Gupta

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