Oh, come-on Bob, let's keep it going for a little while longer, after all we are having such a great debate and all.
Anyway, I had to respond to your analogy because it only works up to a point. What if you a housing development and decided that if people wanted to live within your development, that had to agree that you could filter their postal mail and discard of what you consider to be junk mail. So you stand at the entrance to your development and catch the postman everyday and go through all of the mail for everyone that lives in your development and discard those pieces of mail that you think are junk mail. However, maybe what you thing is or is not junk mail is not the same as what I think is or is not junk mail. How do you think this would fly? If you discarded something that really wanted and I found out that you discarded it, I believe you have set yourself up for some real problems. And, in the alternative, if you happen to let something pass that I think is junk mail (perhaps a Hustler magazine), and my kids happen to find it, then what? Now, on the other hand, if certain people in your development came to you and said, "hey, I hear that you offer a junk mail filtering service and I would like to subscribe." And you respond that you all may have differing opinions on what is considered junk mail and what isn't, and they respond that they are okay with that and that losing a small percentage of legitimate mail to be rid of the huge amount of junk mail is okay with them, and they are also okay with a few pieces of junk mail slipping through every once in a while, and they subscribe to your service in writing, with all of the wavers and exclusion, you are in a totally different situation and that you are much better protected from liability issues because you are simply providing a subscription based service that was requested and not imposed. Just something to think about... Bill -----Original Message----- From: Robert Everland [mailto:[EMAIL PROTECTED]] Sent: Thursday, March 21, 2002 7:40 PM To: '[EMAIL PROTECTED]' Subject: RE: [IMail Forum] ORBZ shut down 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. 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/
