Bill that was very well said! Also, the point has been brought up that ORBZ is in trouble due to a DoS attack. That is the exact same issue. If you scan, and discard, etc. and fail to deliver the mail you have effectivly imposed a DoS upon the recipient. Same issue, different angle.
-Joe ----- Original Message ----- From: "Bill Landry" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Friday, March 22, 2002 12:22 AM Subject: RE: [IMail Forum] ORBZ shut down > 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/ > 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/
