Re: WWPVD (was what the heck do I do know)

2007-02-01 Thread J. Oquendo

Why not write a real-time script and loop the querier right back to his own 
self...

Luzer -- *.vix.com -- Luzer

This sort of reminded me of the days of bandwidth raping where others used 
someone's own bandwidth to their own disadvantage.

 We've told people for years that when they choose to use a DNSBL or
 RHSBL that they need to (a) subscribe to the relevant mailing list,
 if it has one and/or (b) periodically revisit the relevant web site

Akin to a mailing list asking someone to configure their options so 
autoresponding Out of the office replies don't annoy. Rarely works. In the 
case of system administration/network administration, the industry shifts so 
much whereas someone who managed a machine is likely not working for that 
company any more. From my experiences, I've seen the horrible documentation(ing 
(Bushism?)) companies maintain so its likely unknown to these offenders.


Michael Froomkin - U.Miami School of Law wrote:

 Bottom line is that in the absence of a promise -- explicit or implicit (!)
 -- to the contrary, you can usually turn off your gear and get on with your 
 life

Promissory Estoppel might hinder shutting off the power.

http://facstaff.gallaudet.edu/marshall.wick/bus447/promissory_estoppel.html

-- 
=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
J. Oquendo
echo @infiltrated|sed 's/^/sil/g;s/$/.net/g'
http://pgp.mit.edu:11371/pks/lookup?op=getsearch=0x1383A743

How a man plays the game shows something of his
character - how he loses shows all - Mr. Luckey 


Re: WWPVD (was what the heck do I do know)

2007-02-01 Thread Valdis . Kletnieks
On Thu, 01 Feb 2007 09:29:12 CST, J. Oquendo said:

 Michael Froomkin - U.Miami School of Law wrote:
 
  Bottom line is that in the absence of a promise -- explicit or implicit (!)
  -- to the contrary, you can usually turn off your gear and get on with your 
  life
 
 Promissory Estoppel might hinder shutting off the power.
 
 http://facstaff.gallaudet.edu/marshall.wick/bus447/promissory_estoppel.html

That could be as interesting to litigate as the hospital example, because:

a) it's likely that a lot of the offenders relying on the promise of RBL
service are qmail sites that don't even *realize* it.

b) I'm pretty sure that Paul wasn't aware of the qmail issue either.

So who, exactly, was promising (and to whom) that a given RBL was usable 6
years after it went belly up?

If anything, the cited legal definition page would seem to suggest that the
person who needs to keep running the RBL would be the person who made qmail
reference it.. .:)




pgpb4Ib0hUdPF.pgp
Description: PGP signature


Re: WWPVD (was what the heck do I do know)

2007-02-01 Thread Jerry Pasker



If no one's been sued before because they've wild carded a defunct 
RBL, what's the big deal?  When someone tries their best, goes out to 
an intelligent group to get their opinions, and spends a HUGE amount 
of effort, and incurs measurable monetary damage (bandwidth, time, 
etc) and when the only reasonable answer (dare I say group 
consensus?!?!)  is shut it off, in a way that could break things to 
get their attention how can there be grounds for a lawsuit?  That's 
just silly!  Pay service or not, it doesn't matter when that period 
of time has passed.   Paul could be found negligent when a server 
admin was negligent for 6-7 YEARS?!  Seriously?!  I don't buy it that 
argument.


Now, if he set up the DNS to wild card 1% of packets on day 1, 2% on 
day 2, 3% on day three, etc, in an attempt to be less disruptive then 
perhaps, I could see someone being upset about that, because as a 
clueless person (bad admin) trying to troubleshoot some problem like 
that, they'd definitely play a good victim.  And I bet they would 
wait until day 80 to call in a consultant.  The only sane way is to 
pick a date, announce it far in advance, and flip the switch at 
00:00:00 on that day.


I suppose in some universe, it *IS* possible that Paul could be found 
negligent by some jury trial and ordered to pay millions of dollars. 
But that's the same universe were swine routinely fly to and fourth 
across the green sky.


Just my humble opinion.