And you have what to do with NZ network operations? Gordon Smith Network Operations Manager MoreNet Ltd. Fingerprint: 4093 91BC 0055 46B9 1B1A EDBA 45AD 2381 7B1D E4BE
-----Original Message----- From: owner-nznog(a)list.waikato.ac.nz [mailto:owner-nznog(a)list.waikato.ac.nz]On Behalf Of !Dr. Joe Baptista Sent: Wednesday, 12 September 2001 14:20 To: Matthew Poole Cc: nznog(a)list.waikato.ac.nz Subject: Re: Julian Angelo
It's his business to do that. And still I stand by prudent business practice that it is wrong to "out" your own customer base. Also by violating your fiduciary contractual client relationship you have lost all hope of any legal action against him.
As a company it is not your business to report the "truth". Truth is more the realm of a trier of fact - i.e. a judge. It is obvious that your company and julian have differences of opinion - that however does not give you license to violate fundamental issues involved in the client relationship - i.e. his privacy and by default contributing to slander and libel actions.
As for a claim of malice. If indeed you feel he has acted maliciously then your options are to terminate the contract for just cause and in extreme condition you have the option to sue him. By publishing your companies opinions you have in fact acted maliciously yourselves therefore reducing any hope of ever effectively winning a judicial judgement for "malice" which would simply amount to a claim of damages.
Your company is in a position of trust in this matter. He is your client and as such prudent business practices apply.
An old collegue in NYC put's it eloquently - never point a finger when your being paid - just sue for damages.
Coupled with that is Julian's recent request that the discussion of his behaviour on this list in an earlier thread be purged from the
archives, a
request that is now laughable in the extreme.
I agree but thats not the issue. Nor does it have anything to do with your circumstance. If he feels slandered by conversations on this list he can sue it's operators. Now he can sue you and the list operators and might even make a good case for intent to malice and promote malice himself.
So I anticipate he's reading or will read this message of mine. I just pray he won't send me any of his nonsense. The last thing I need is religious diatribes.
regards joe
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