On 16/03/2012 11:14, Stephen Booth wrote:
But the request isn't from WDTK, it's from a user of what do they
know. The fact that WDTK collates and presents the content of the
mail should not make be conflated with the request being from WDRK
(IANAL, I'm approaching this from a common sense point of view). If
they applied that it would be like saying that a reply to a request
from [email protected] could be sent to [email protected]
and be legal as they are both hotmail. In each case the 'company' is
just acting as an intermediary between the originator of the request
and the recipient, WDTK is acting as a specialised webmail service
with added features and support for the end user.
You're thinking of it from a technical point of view, which is no more
common sense than the legal point of view :-)
If Joe Smith and Fred Bloggs are actually the same person, then yes, an
email sent to [email protected] is deemed to have reached the sender
even if the sender used [email protected] as the from and reply-to
address. The law doesn't concern itself with technicalities like this,
it's simply about whether the *person* who sent the request gets to see
the response. If they do, then the response has reached them. How the
sender chooses to file their inbound email is no concern to the responder.
To use an analogy here, your email quoted above has a reply-to header
which contains both the list address and your own Gmail address:
Reply-To: [email protected], "mySociety public,
general purpose discussion list"
<[email protected]>
I'm ignoring that header and replying to the list address only. But you
would get absolutely nowhere if you were to try to argue in court that
meant I hadn't replied to you. If you can read this, then I have
replied, and the route by which my reply reached you is entirely
irrelevant to the question of whether or not I have replied.
Mark
--
Sent from my Babbage Difference Engine 2
http://mark.goodge.co.uk
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