Rod,

There is no legal protection for distributing a list designed to block spammers, and having a flaw in your methodology that causes non-random issues for fully legitimate servers all tied to one product. Also keep in mind that Spamhaus charges for pulling their zones, so it is a commercial venture, even if it is operated as a non-profit. Spamhaus serves pretty much every major ISP, and therefore having one's customers constantly blacklisted with a lack of cause is certainly grounds for legal action.

Take note that I have operated my own blacklist for three years and shared it privately with others, but not publically. I am both aware and concerned with the legal action that spammers have taken on blacklist providers and our courts have been all too willing to let the process be abused. The trick here is that spammers are violating laws and sending unwanted E-mail, and IMail users are not.

Matt




Rod Dorman wrote:
On Monday, January 29, 2007, 12:40:52, Matt wrote:
I believe that Ipswitch should contact them directly, or rather have their lawyers contact them directly, and let them know that their actions related to blacklisting servers that are not sending spam, but instead are failing this test of theirs, is causing harm to their company and their clients and demand that they cease and desist immediately.

All  they're  doing  is  maintaining a list using their own criteria. If
someone  else  decides  to  use that list they obviously agree with that
criteria.

If  I  maintain a list of odd numbered IP addresses and somebody uses it
as a spam filter are you going to complain to me if you've got an odd IP
address?

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