Article View: comp.org.decus
Article #299Re: membership into DECUS
From: Paul Robinson
Date: Sun, 11 Oct 1992 09:36
Date: Sun, 11 Oct 1992 09:36
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> The bottom line is that there now is precidence for the Board of the U.S. > Chapter to deny anyone membership and throw them out of a DECUS event with > out any due process (I believe that they violated the bylaws when they > threw him about and when they denied him membership in the chapter). If this is true, Mitnick has an excellent case to sue DEC! There is probably case law on this, since the Bylaws may represent an implied contract between persons who are members of DEC and the company's DECUS division. (As you stated, DECUS is a wholly-owned subsidary of DEC, and, based on the rather excessive charges for EVERYTHING DECUS puts out, probably a profit center, too.) There is precedent on almost the same issue in employment lawsuits, and the Bylaws could be held to be of the same nature as an Employee Handbook. I might be wrong on this point. Did Mitnick break into one of Digital's sites or did he and his assistant break into a DEC computer which was owned by a customer? If the former, then DEC could, conceivably, have the right to impose an "interdict" upon a person who committed a crime against them. If, on the other hand, Mitnick broke into the computer of a private company, not affiliated with DEC, then DEC is on very shaky legal ground to impose what amounts to a boycott upon a specific individual absent some evidence that there is reason to believe that he might commit a crime against them. And since what he was ejected from were educational seminars and not, for example, a "hands on tutorial" on how to use a particular computer and/or application, they are on *extremely* weak grounds.
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From: Paul.Robinson@f417.n109.z1.fidonet.org (Paul Robinson) Sender: Uucp@blkcat.UUCP Path: arc1-ca.pugleaf.net!sparky!uunet!blkcat!Uucp Newsgroups: comp.org.decus Subject: Re: membership into DECUS Message-ID: <718808683.F00001@blkcat.UUCP> Date: Sun, 11 Oct 1992 04:36:18 -0500 Lines: 62