> On Jan 7, 2016, at 13:51, Pierre Joye <pierre....@gmail.com> wrote:
> 
> It is not. To me to distinguish harassment vs hot discussions (public or 
> private) is part of common sense and I trust us to have this common sense 
> when this group will be created.

I opine that if "common sense" were enough, then no COC would be under 
discussion now. We're in a different realm now.


> Also the very definition of harassment is pretty clear. Read 
> http://legal-dictionary.thefreedictionary.com/harassment for the reference. 
> If it is not clear for you then yes, I cannot make it clearer. Sorry.

Now we're getting somewhere. Quoting that definition:

"""The act of systematic and/or continued unwanted and annoying actions of one 
party or a group, including threats and demands. The purposes may vary, 
including racial prejudice, personal malice, an attempt to force someone to 
quit a job or grant sexual favors, apply illegal pressure to collect a bill, or 
merely gain sadistic pleasure from making someone fearful or anxious. Such 
activities may be the basis for a lawsuit if due to discrimination based on 
race or sex, a violation on the statutory limitations on collection agencies, 
involve revenge by an ex-spouse, or be shown to be a form of blackmail ("I'll 
stop bothering you, if you'll go to bed with me"). The victim may file a 
petition for a "stay away" (restraining) order, intended to prevent contact by 
the offensive party. A systematic pattern of harassment by an employee against 
another worker may subject the employer to a lawsuit for failure to protect the 
worker."""

So, that's both rather vague (the opening sentence) and rather specific (the 
latter portions). If the activity in question rises to the level of filing a 
petition for *and being granted* a restraining order, *then and only then* 
might the project have some responsibility to help enforce that order, since 
the project itself may become subject to a lawsuit or other legal actions.  (I 
am satisfied to read "employee" as "contributor/participant" and "employer" as 
"the project" in this case.)

But anything less? No, the project's responsibility is only to enforce its 
policies on its own communication channels.

Do you feel otherwise?


-- 
Paul M. Jones
pmjone...@gmail.com
http://paul-m-jones.com

Modernizing Legacy Applications in PHP
https://leanpub.com/mlaphp

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https://leanpub.com/sn1php



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