[governance] regulating the digital space - whose laws apply, and whose do not

[Paul Lehto]

On 8/29/11, Daniel Kalchev <daniel at digsys.bg> wrote:
> It will help your perspective greatly, if you forget the "government" part.
>
> Where Internet is 'free' this is not because of any Government.

Where there is no government and no law, it is pure survival of the
most predatory (not "fittest") and there are no rights, and certainly
not any equality of opportunity.  Governments are created to "secure
these rights" as our own Declaration of Independence put it, yet from
time to time all governments, including my own, get away from this
most fundamental purpose for which they were created.  I grant you all
the government abuses you wish to cite, what I am saying is that
government must do its proper job in order to have a level playing
field and the rights and equality of opportunity that most people
highly associate with a "free" country.

> Take my word (I am not going to prove anything): my own company, has
> operated for well over a decade, in a cash-mostly (that is, only few ever
> used bank transfers, nobody - credit cards) and did not employ a single
> lawyer during that time. Of course, from day one, we had contracts with
> users (note, I didn't even understand the word customers at that time) ---
> with the sole purpose to declare our obligations to them.
> Well, that is no longer possible -- but reasons are far more complex.

I rest my case.  You come closer than most would, but you still rely
on some minimum of laws, like contracts.  Even if one swears never to
go to court and really means it, contracts are still understood on the
basis of the rules of contracts that would be used in a court, if
there is a dispute.  I.e. what is "fair" under the obligations of the
parties in the contract for which no one will go to court is
nevertheless what a court would do if fully informed and just, and
there were no cost to go to court....

> By the way, I value your input, as some of the points you share are valuable
> to explain many participants motives.

Thank you. You are yourself an interesting one to dialogue with.
>
> Daniel


-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-4026 (cell)
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.cpsr.org/lists/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t