Thanks for the comments and criticism, it's what is needed.
The first thing that arises from this is that there seems to be some sort of view that ECF wants to control things. We don't and we don't even want to get into that kind of thing. This is an online community, why would we want to start making laws?
Secondly, because there are no hard facts, and a multitude of conflicting opinions, it's all up for debate. We certainly don't know why mods catch fire since we aren't a research lab and have no facilities to determine those issues. But there is some basic logic involved though: the use of an under-rated on/off switch and unprotected batteries seems a bad idea. What we need is some consensus of opinion on what we should be advising members to do or not do. If you think we should keep quiet on this whole subject, then that is a valid opinion, but one we probably can't support.
Then there is the legal area. I think it's just hilarious that everyone and his dog is now giving me advice on State, Federal and International law. It's all welcome and it's all grist to the mill, but I don't think we ought to take any of it seriously. It's no more relevant than if I get web advice on neurosurgery; probably best to consult a professional. Problem is, that would mean a professional in at least two countries. And since lawyers don't agree, I would still have to take the safe route. If you are licensed to practice law in Illinois, or England, or Canada even - then I will listen carefully to your advice. Otherwise - please!
As regards banning mods or even suppliers from ECF, that would be the last option and only taken under definite legal advice. It's too far to go without concrete proof that it is needed (ie case law examples). But the possibility is there, especially when no two modders will agree on what needs to be done.
@Nuck
How about a factual information based sticky listing good practices and the risks involved with a disclaimer. No liability at that point for the forum.
There is a short list of good practices that will make mods a hell of a lot safer for the less experienced vapers and keeping those posted should help considerably.
Yes, we need that sticky, maybe in more than one place. But we have a kind of rule, 'People don't read the stickies', so probably something more would need to be done.
.....If the power source is safe then it really doesn't matter what happens outside of it. Focus on the source of the problems.....
This covers most situations I guess, but what about a high-quality 3.7 volt mod, with protected batteries but no kill switch, kept in a purse, that gets locked on due to pressure on the switch? I think there is a fire risk here. I simply don't believe that everyone pulls the atty or the batts for transport. Yes it's user error, but if you just fit a kill switch, it becomes very much easier to make the device safe and very much harder to sue the supplier.
@Toby
No, we don't have a battery safety page, and we should have one.
However I think it's also a good idea to make devices to a basic foolproof standard because this is the right way.
People don't and won't read good advice, or they forget it.
@Keyzygirl
Couldn't you have a warning on the top of the page like "before you purchase a mod'', that you do not recomend them and would not be liable for damages caused by them?There must be a lawyer that could figure out some sort of disclaimer or something.
Yes, I like the idea of some kind of warning and find that preferable to any kind of ban or whatever.
I've been told by a lawyer that we cannot disclaim liability though. In other words, if you are liable, you cannot dismiss that by having a "We're not liable" notice. But having warning notices in unmissable places is a different matter.
@Sudokugal
Some very pertinent points, thank you. But again I have to repeat that ECF doesn't want to regulate anything anywhere and I really don't know where this is coming from. We can regulate what appears on ECF but I prefer advice, personally. Not sure why people think I'm after Stalin's job, I'm not up to it, sorry.
Based on your previous statements, it doesn't seem like debate is likely to turn up anything to resolve this issue. Only a legal consultation will do that.
Well, that's one point of view - but I can tell you that progress is already being made as a direct result of this debate. I don't believe in sweeping things under the carpet, I much prefer to get it out in the open and talked about. There are technical issues, ethical issues, legal issues. As far as legal goes, we would need to consult for Illinois, Federal and English law, due to various factors. Web law is not cut and dried yet. On the other hand there are licensed attorneys here already and they might have a view.
It may be the biggest forum to date; however, that doesn't give it license to be a regulator.
Once again - why would we want to regulate anything? There is no mileage in that for us, only a lot of work and a lot of complaints and criticism. Certainly no money, probably less of it... All we need to do is protect ourselves and give correct advice to members. That's all.
Every single thing that we do anywhere anytime always generates criticism. It is absolutely impossible to do anything on ECF that doesn't annoy one of the usergroups. Somehow we have to balance it all, but any given action generates 50 complaints and 2 thank-you's. Here the potential is to multiply that by ten, is all. That doesn't mean we ignore the need to do it.
@ScottEE
Regarding two 2mm drilled vent holes in mods to vent any gas. I think people would be inclined to thread a lanyard through them with various diameter cords thereby blocking the venting.
Hah! Never thought of that... And this is the reason why a debate is a valid exercise - useful input is generated. Thanks.
@TDstrike
.....if ECF is concerned about liability, it's pretty obvious what they need to do, not allow mods to be sold on their forum, nix the modder section, ban mod sales in the classifieds.....
Well, that would be way too far
Not too sure what we'll do if the legals tell us to do that, though. Cry, to be sure.
@CellWho
Yes, the legal worries are a big part of it because the forum could get wiped out. But our resources and staff are spread across two continents, so there is no question of a one-country solution. We have to consult in two countries.
But you need to take the advice to members issue seriously too. That's what we do.
The site is run in the UK,
Not so. The site and some staff are in the US.
..and like Canada they do not have the type of frivolous law suites as in the US.
This is essentially correct, the UK does not have the same litigation-happy culture as the US. With a notable exception though: UK libel law is a toilet, unfortunately.
@Kimmy
Yes, you are right, the media could have a field day if things turn out badly. Also, the regulators are hovering in the background like vultures. It's worrying to see people saying that we can do whatever we like just now and there won't be any fallout. Very mistaken.
@Deena
That case law is interesting. But what was the outcome?
"...a mod by definition seems to be modified..." I think 'mod' is just a generic name, applied to any and all custom-builds or western-built specials. If supplied direct from the manufacturer as an original product then it would not seem to be modified.
We are referring to units sourced from manufacturers offering large battery-holding devices, that may operate in non-standard modes. What you call that product group does not seem relevant to the other issues. They might be called 'biggies' or 'juice boxes' or 'XL ecigs' or whatever.
There is an issue here regarding user decisions and user operation, but I think it wise to look at the product standards first.
@Martin2277
Yes, the batteries are a big issue. But there are other factors like kill switches and correctly-rated on/off switches. Several switches in kit I have either built or repaired (not ecigs) have failed, sometimes open, sometimes closed. It's a factor because even with protected batteries, an ecig locked on in a purse / handbag for 30 minutes, next to an aerosol can, is not a good thing.
Yes, we don't want to be in the position of approving mods. It's just wrong for any number of reasons.
@Dacoopah
For sure, on most of your points. But there are all sorts of issues here, not just the legal thing. For one, I'm tired of the modders running away from this as if it didn't exist.
@PlanetScribbles
I support your point of view because it is my personal one.
But when money and law come into it, those opinions go out the window. Ten thousand people can write that they have the right to do what they want, and it doesn't mean a darn thing. What matters is what gets forced onto us by the big guys. Yes, in London we don't need to worry so much because it's still the case here that if a person puts a gun to their head and pulls the trigger, they don't get to sue the gun manufacturer. But it might be different in the US where our site is hosted. And it might be different still in the State where our server is.
Of course it is the sane and reasonable point of view that your actions determine your fate. But in some places, it is allowable to sue others for your own mistakes. And to be honest, this is a modern trend that is growing every day. Nobody is responsible for their own actions now, it's always someone else's fault, didn't you know?