They have an excellent point, and thier definition is used as a
reference in many court cases.  The primary factor being the defined
terminology of, "it's not about content, it's about consent".


On 9/20/07, Jeroen van Aart <[EMAIL PROTECTED]> wrote:
> Micheal Espinola Jr wrote:
> > On 9/20/07, Jeroen van Aart <[EMAIL PROTECTED]> wrote:
> >> want them so we have to live with it. As a side note, I wouldn't call an
> >> auto reply spam, it is not bulk email.
>
> > In legal terms, spam isn't bulk mail.  Its anything that you didn't
> > want to receive.  The precedent has already been established.
>
> I guess that depends on the country, if they have laws anyways, and
> those laws can be flawed. Quoting http://www.spamhaus.org/definition.html:
>
> " A message is Spam only if it is both Unsolicited and Bulk.
> -               Unsolicited Email is normal email
> (examples: first contact enquiries, job enquiries, sales enquiries)
>
> -               Bulk Email is normal email
> (examples: subscriber newsletters, customer communications, discussion
> lists)"
>
> Logically speaking, an email sent to you, which you do not want is such
> a vague and questionable thing, subject to change. What if the email
> came from an ex partner, you didn't want it, according to your terms it
> would be spam, but it shouldn't be considered spam as it is not bulk,
> neither did it cause major issues, it was only sent to you.
>
> Is a vacation auto reply really unwanted in the literal sense? Normally
> you did cause the reply to be sent by sending an email to begin with.
> That to me implies you indirectly agreed to receive a reply. Whether it
> is automated or not is pointless.
>
> Greetings,
> Jeroen
>
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