Re: Google Groups

On 7/11/2024 7:29 AM, Eric Pozharski wrote:

with <v6mggk$1tjtq$4@dont-email.me> Zen Cycle wrote:

On Wed, 10 Jul 2024 15:19:46 GMT, Tom Kunich <cyclintom@yahoo.com>
wrote:

 *SKIP* [ 21 lines   3 levels deep]

This forces you to use commercial services.

>
Other usenet services are private for-profit. They are all
"commercial".  ES is a private non-profit _commercial_ service as
defined by the SCOTUS in a case called Tony and Susan Alamo Foundation
v. Secretary of Labor (1985) 471 U.S. 290, where a commercial service
is determined by a test of three questions:
>
 

 What're "Wage & Hour Laws"?

laws regarding wages and working hour restrictions

 *SKIP* [  5 lines   1 level deep]

"in general, if a non-profit draws consumers from wide swaths of
society, and such consumers pay for services,

 If "wide swaths of society" is understood as loose collection of
consumers for for-profit private services then -- does ES draws such
consumers?

Yes, because ES is available to anyone who has a computer or smartphone - they don't target a certain demographic

 

especially when some practitioners at the nonprofit charge full fees
for some of the work they do,

 I'm not certain that occasional voluntary donations constitute "full
fees for some of the work".

"especially when" is not a disqualifying caveat.

 

it would likely be difficult for the nonprofit to deny that it was a
“commercial enterprise.” On some level, it was competing with other
“commercial enterprises,” meaning private practices, professional
corporations, or even possibly other nonprofits in the area. "
Very clearly, ES.org qualifies as a commercial service

 Then again, I wholehartedly agree that with definitions such as above
whatever is in spot-light is "private non-profit commercial service".
But!  Does ES withstand test?

1. Do the activities of the nonprofit serve the general public?
yes
2. Does the nonprofit compete with other commercial enterprises?
yes
3. Does the nonprofit derives an unfair advantage over others because it does not have to comply with Wage & Hour Laws?
If ES relies exclusively on volunteer labor due to its non-profit status, then it has a competitive advantage over an incorporated for-profit business that is required to adhere to wage and labor laws, so, yes.
The AYEs have it.

 p.s.  TK is still where he is.

And there he will remain, in a prison of his own creation

 p.p.s.  Email blacklisting is orthogonal can of worms.

But it isn't the same thing as an ISP blacklist.

 

--
Add xx to reply