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To: Ellen who wrote (664)4/30/1999 10:15:00 AM
From: wonk  Read Replies (1) | Respond to of 3795
 
...They both say the same thing it seems.

No, they do not.

The contract states that the member is solely responsible for the factual content.

BW is here declaiming liability.

Yet, in the complaint they state that as a condition of distribution material must be true and accurate. The phrase -- condition of distribution -- is not in the form cited and hence, unless there is other documentation, BW should not be able to claim breach of contract on the basis of a non-existent clause.

These are two separate issues. They could have been inter-related, if BW's contract had so stated, but as far as we know from the material cited it does not.