First off anyone can sue anyone over anything. Doesn't matter if they're right or not, if they think they're right and they think they can win then they'll sue. On the other side of this, I doubt anyone could legally win a case where we use a kill file. We are not accepting mail from a certain party on OUR email servers. It's just like when you take the junk mail in your snail mail box and put return to sender. They can't come back and sue me for doing that, I do not wish to recieve that mail from them. What they can do though is sue the companies providing us with our kill file lists. They could say that these companies are hurting thier business by blocking them. That has nothing to do with us though.
Now back to the ORBZ case. He was being sued becuase a program he made cause servers to have a denial of service. He could have fixed his code, they could have patched thier servers. Either way that has nothing to do with us, we will be fine, we'll go on blocking, spammers will sue blockers, blockers will sue spammers, it's America. Let's let this drop now. Bob Everland -----Original Message----- From: Don Schreiner To: [EMAIL PROTECTED] Sent: 3/21/02 10:02 PM Subject: RE: [IMail Forum] ORBZ shut down > Another way to look at things would be to check out the court cases where > Corporations have sued their employees for misuse of e-mail. Do you know where there are any of these cases that I can review online? If not, thanks anyway. I will try and free up some time to perform some research and will share my findings if I come across anything. I hate all this legal stuff and would rather devote the time to new technologies, working projects, etc., but legalities an unnecessary evil in my position. This "Joe the Lawyer" guy has got my blood boiling a little bit along with the Battle Creek ORBZ action. I don't know who "Joe the Lawyer" is and give him the benefit of doubt having our best intentions in mind from a legal standpoint. Where is his reply supplying us legal references to the legalities of filtering or blocking Junk Mail? He apparently does not agree with filtering e-mail for Spam. Does he agree that it is right for un-solicited Porn to be received by children or anyone for that matter? If he does agree, then how is this different from un-solicited e-mail for Time-Share travel, Life Insurance, and the next get rich quick scam? As a business owner, I am all about Free Enterprise. But I do not hi-jack other folks servers or conduct dictionary attacks to e-mail servers that I do not own to solicit my goods/services. I think we all agree if an e-mail address is published on a public site it is fair game, otherwise leave me alone unless I ask. I know this may perhaps be hedging OT, but what happened to ORBZ this week could happen to any of using a Kill file, Processing Rules, or Declude as "Joe the Lawyer" points out. Even if we feel he and Battle Creek are wrong, we can be forced in fear to shut down just like ORBZ did and defending lawsuits that are frivolous and without foundation. Can Ian Gulliver at ORBZ afford to defend himself alone? Can any of us alone? I guess the whole thing just pisses me off. I know that "morally" it is wrong for individuals and entities to send most of the unsolicited and trickery Spam that is being blocked by reputable firms. However, "legally" I am not so sure until such time I can reference a federal or international ruling/law. I feel I need something to back me up and in our usage agreement and defend our customer policies. Sorry to be so verbose, but it just ticks me off what I am seeing happening and those who are responsible sending Spam and then actually believing they should have the God given right to do so. Don S. > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:Declude.JunkMail- > [EMAIL PROTECTED]] On Behalf Of Tom > Sent: Thursday, March 21, 2002 7:59 PM > To: [EMAIL PROTECTED] > Subject: RE: [Declude.JunkMail] ORBZ - More info > > > > Ahh... my 2 cents anyway. I just feel no one has the right to send me > > crap I did not ask for, especially PORN solicitations into my children's > > e-mail box. Perhaps I am wrong legally as it relates to free rights and > > e-mail solicitations, but the PORN solicitation alone is enough to keep > > me fighting for my rights to block SPAM. > > Another way to look at things would be to check out the court cases where > Corporations have sued their employees for misuse of e-mail. > > In any case if it is your system you can do whatever you want with it. > If the customers don't like it, too bad! You own it, you paid for it, > and you maintain it. It's that simple! > > What does this mean? If you write an e-mail to a friend your BOSS, the > or ISP (owner of the equipment) has the right to view it. Just like the > FBI and CIA. This is why we stress the use of PGP! > > Anyway, just my 2 cents! > > PS: Don't reply to me if you want to argue, I just wanted to give > another view point. > > Regards, > Tom > --- > [This E-mail was scanned for viruses by Declude Virus > (http://www.declude.com)] > > --- > > This E-mail came from the Declude.JunkMail mailing list. To > unsubscribe, just send an E-mail to [EMAIL PROTECTED], and > type "unsubscribe Declude.JunkMail". You can E-mail > [EMAIL PROTECTED] for assistance. You can visit our web > site at http://www.declude.com . > ---------- > [This e-mail scanned by CompBiz for Viruses. http://www.CompBiz.Net] > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:IMail_Forum- > [EMAIL PROTECTED]] On Behalf Of Len Conrad > Sent: Thursday, March 21, 2002 7:37 PM > To: [EMAIL PROTECTED] > Subject: Re: [IMail Forum] ORBZ shut down > > > >This is just another case of "if you block it you are liable". This guy > is > >apparently going to have criminal charges brought against him. That > should > >be a major wake up call for any of you blocking messages! > > I'm well awake. I will continue blocking messages for whatever reasons I > want. AND, I sleep better knowing IMGate will catch the crap before it > hits my mailbox server. > > But, it would be a LOT easier (less false positives) if total nincompoop, > air-head admins, eg: Battle Creek lady who is trying to cover her > incompetent @ss with this lawyering BS, would set up their mail servers > and > DNS's correctly, and run current software. > > Len > > > http://MenAndMice.com/DNS-training > http://BIND8NT.MEIway.com : ISC BIND for NT4 & W2K > http://IMGate.MEIway.com : Build free, hi-perf, anti-abuse mail gateways > > > Please visit http://www.ipswitch.com/support/mailing-lists.html > to be removed from this list. > > An Archive of this list is available at: > http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ > > Please visit the Knowledge Base for answers to frequently asked > questions: http://www.ipswitch.com/support/IMail/ > ---------- > [This e-mail scanned by CompBiz for Viruses. http://www.CompBiz.Net] Please visit http://www.ipswitch.com/support/mailing-lists.html to be removed from this list. An Archive of this list is available at: http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ Please visit the Knowledge Base for answers to frequently asked questions: http://www.ipswitch.com/support/IMail/ Please visit http://www.ipswitch.com/support/mailing-lists.html to be removed from this list. An Archive of this list is available at: http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ Please visit the Knowledge Base for answers to frequently asked questions: http://www.ipswitch.com/support/IMail/
